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Dear Secretary Mullin and Acting Director Venturella,

We are writing to demand Immigration and Customs Enforcement (ICE) cease any and all efforts to interfere with a comprehensive investigation into the shooting of Wilber Rafael Garces Perez and release Mr. Garces Perez from detention to allow him to receive medical treatment and continued medical monitoring. 

First, we are deeply concerned that ICE is attempting to swiftly deport Mr. Garces Perez, who was shot in the back by an ICE agent in Austin, Texas on September 20th, in an effort to escape scrutiny by impeding an independent investigation into this shooting. Mr. Garces Perez is a key witness to this shooting, and given ICE’s history of obscuring the facts in similar investigations, he must not be removed. Second, Mr. Garces Perez is currently being held at the South Texas Detention Complex in Pearsall, Texas, which has a documented history of medical neglect. Mr. Garces Perez is not receiving the care he needs in detention. According to his lawyers, he “still has the bullet lodged in his body. He’s received no pain medication and had to sleep on the floor.” While he remains in the United States, he should be allowed to receive medical care and pursue all legal options available to him. Finally, Mr. Garces Perez and the ICE agent responsible must remain in Texas until a thorough, independent investigation into the shooting is complete.

On Sunday, September 20th in Austin, TX, an ICE agent shot Mr. Garces Perez, a 28-year-old DoorDash driver with no apparent criminal record, in the back at the 7000 block of West Anderson Lane near U.S. 183 in Austin, TX. Video and photos taken after the shooting show a blue Toyota Corolla with damage to the front passenger door and apparent bullet holes in the right rear window. In a social media video taken during the shooting, at least three gunshots are heard. A person is seen approaching the sedan, which is slowly moving forward. Mr. Garces Perez has publicly stated that prior to the shooting an unmarked car without sirens began aggressively ramming his car. He assumed it was an aggressive driver and attempted to maneuver away. Mr. Garces Perez was moved to a nearby hospital, where he was reportedly in “in serious but stable condition.” When his wife and lawyer attempted to see him hours later, they were told Mr. Garces Perez had already been moved to a detention center but were not provided details regarding his location or medical state. On September 21, Mr. Garces Perez was transferred briefly to a hospital before being returned to detention. His brief transfer followed a visit from Congressman Joaquin Castro’s staff. According to Mr. Garces Perez’s cellmate, Mr. Garces Perez was roughly handled and handcuffed before being taken to the hospital. Mr. Garces Perez has reported losing sensation on the left side of his body.

ICE has provided no justification for this shooting, and there is no indication Mr. Garces Perez posed a threat to officers. The Department of Homeland Security (DHS) claims Mr. Garces Perez had an active final removal order. However, DHS has repeatedly lied about the facts following violent encounters involving agents. Mr. Garces Perez’s lawyer could not verify DHS’s claim and Mr. Garces Perez previously held a valid work permit and entered the United States lawfully. Of course, Mr. Garces Perez’s immigration status does not justify the shooting.

The City of Austin and Travis County have already begun their criminal investigation into the shooting. DHS has said it will conduct an investigation with assistance from the Federal Bureau of Investigation (FBI). An investigation must also be conducted by the DHS Office of Inspector General (OIG). DHS has a history of withholding information and attempting to obstruct active investigations into wrongdoing by its agency. DHS must not obstruct or otherwise interfere with this investigation by removing Mr. Garces Perez from the country or interfering with the release of footage, data or other information by Texas state or local agencies involved in the operation. 

We are demanding that you release Mr. Garces Perez from detention to allow him to receive medical treatment and abandon efforts to swiftly deport him or remove him from Texas. We are demanding the ICE agent responsible not be allowed to leave Texas. We are demanding that you preserve all available evidence related to this shooting and share it with parties that have jurisdiction to conduct a full, independent, and transparent investigation. 

Finally, we are demanding that you answer the questions below by Monday, September 28.

- Provide a detailed sequence of events that culminated in the shooting of Mr. Garces Perez. Please include answers to the following:

- Why were ICE agents attempting to stop Mr. Garces Perez?

- How many ICE agents were involved in this incident?

- Please share information about the disciplinary history of each of the agents involved in this incident.

- What is Mr. Garces Perez's current medical condition? What treatment is he receiving in immigration detention?

- ICE’s current use of force policy requires ICE officers to render medical aid following an incident like this one. Video evidence from this incident suggests ICE agents did not abide by this policy. Why was ICE’s use of force policy not followed?

- Will you commit to releasing all bodycam footage related to this incident?

- If ICE determines there isn’t any bodycam footage, please provide an explanation for why bodycams were not used.

- Will you commit to allowing Mr. Garces Perez to remain in the United States for the duration of the FBI, OIG, and any state or local investigations into the shooting, so they may provide eyewitness testimony to investigators?

- Will you commit to not interfering with any ongoing investigations into this shooting, and to ensuring truly independent investigations into this case?

- Will you commit to ensuring that all investigators, including those from the FBI, OIG, and any state and local offices have access to all witnesses and evidence related to this case?

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