by Emmitt Barry, Worthy News Washington D.C. Bureau Chief
(Worthy News) – The Department of Homeland Security is pushing back against several claims surrounding an illegal Venezuelan migrant shot by an Immigration and Customs Enforcement officer during a targeted enforcement operation in Austin, Texas, saying the man was in the country illegally, lacked a valid work permit, and had already been ordered removed.
Wilber Rafael Garces Perez, 28, was shot Sunday during an encounter with federal immigration officers while working as a DoorDash driver. His attorneys have disputed the government’s account of the confrontation, while DHS said Tuesday that Perez attempted to evade arrest during a targeted vehicle stop. The shooting remains under investigation.
In a series of statements posted to X, DHS sought to “correct the record” on several claims that had circulated after the shooting.
The agency said Perez “entered illegally under the Biden Administration,” adding that he “had no valid work permit, had no protective status, and had a final order of removal from a Department of Justice Immigration Judge.”
DHS also addressed reports that Perez had been ordered deported after failing to appear for an immigration hearing. His attorneys have said notice of the hearing was sent to the wrong address.
“CLAIM: The illegal alien was ordered removed in absentia. FACT: Yes. This is why aliens must show up to their removal proceedings. Legal obligations do not end because someone’s address changed,” DHS wrote on X.
Earlier reporting initially described Perez as holding a valid driver’s license and work authorization. The Texas Tribune later issued a correction after his attorney confirmed that both documents expired in December 2025.
DHS Disputes Claims Over Medical Care
DHS also rejected claims that ICE prevented doctors from removing the bullet from Perez’s body.
The department said immigration officers do not determine hospital treatment and that Perez was receiving “medical care around the clock, including pain medication.”
“ICE does not and would not advise, nor be the authority on, a medical procedure for an illegal alien at a hospital,” DHS said.
Perez’s attorneys have maintained that he received inadequate treatment following his discharge from an Austin hospital and subsequent transfer to an ICE detention facility. On Wednesday, Democratic Rep. Greg Casar said a specialist had recommended surgery to remove the bullet.
DHS: This Was a Targeted Stop
DHS also denied allegations that Perez had been indiscriminately targeted.
“This is false. This illegal alien was the subject of a targeted vehicle stop,” the agency wrote.
DHS continued: “Resisting officers and evading arrest is dangerous for our officers, illegal aliens, and the public.” The department said resisting or evading arrest can constitute a federal crime and accused sanctuary-city politicians of encouraging behavior that places both officers and the public at risk.
Perez has offered a different account, saying an unmarked federal vehicle struck his car and that he attempted to pull over in a safer location before he was shot. Federal authorities, meanwhile, have characterized the incident as a “dangerous attempt to evade arrest.”
The shooting is being investigated as questions continue over both the officer’s use of force and the circumstances preceding the confrontation.
CLAIM: This illegal alien was indiscriminately targeted by ICE.
FACT: This is false. This illegal alien was the subject of a targeted vehicle stop. What makes someone a target for immigration enforcement is whether or not they are illegally in the U.S.
Resisting officers and…
— Homeland Security (@DHSgov) September 22, 2026
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