Austin officials condemn ICE shooting of Venezuelan man, call for independent investigation

AUSTIN (KXAN) — Austin officials issued statements against Immigration and Customs Enforcement after an agent shot a Venezuelan man Sunday afternoon.

Neither local law enforcement agencies or the Department of Homeland Security have identified the man yet. Austin immigration attorney Kate Lincoln-Goldfinch said the man is her client, and identified him as 28-year-old Wilber Rafael Garces Perez.

Homeland Security Investigations is leading the investigation, along with assistance from the FBI, according to a DHS social media post . The agency, which didn’t name Garces Perez in its post, said he has a “final order of removal” after he “illegally entered our country under the Biden Administration.”

The agency also said his condition is stable and that he is in federal custody pending removal.

Lincoln-Goldfinch said she did not know why Garces Perez was targeted by ICE and could not speak to his immigration status.

Austin mayor Kirk Watson said the Austin Police Department was not involved in the shooting, but officers did assist in traffic control. Watson said in a press conference shortly after the shooting that he was angry, but “not surprised” about the incident due to similar ICE-related activity across the country.

“With the nature of ICE and the way ICE is doing its business these days, there’s no reason for us to be surprised by it,” Watson said.

Watson joined other Austin City Council members in calling for an independent investigation of the shooting.

“APD would be in a position to offer clear third-party eyes and expertise and allow for a level of independence in an investigation like this,” he added. “From my perspective, the credibility of ICE doing some form of investigation just by itself and excluding others would not be appropriate.”

Several city council members have spoken out against the shooting, expressing outrage and called for ICE to leave Austin.

“The people of Austin deserve answers, and we demand full transparency and accountability,” said council members Vanessa Fuentes (District 2), Jose Velasquez (District 3), and Mayor Pro Tem Jose “Chito” Vela (District 4) in a joint statement . “No federal agency is above scrutiny when the safety and right of our community are at stake.”

KXAN spoke to council members Zo Qadri (District 9) and Mike Siegel (District 7) near the scene of the shooting Sunday.

Qadri called for the release of dash and body camera footage.

“I’m disgusted by what I’ve heard, what we’ve seen happen here in Austin and we’ve seen it happen throughout the country,” Qadri said. “Having it happen in our backyard is just horrifying.”

“Our top demand needs to be that the city can investigate this crime, can investigate what happened alongside the federal government,” Siegel said. “I want folks to know that their city government is doing everything they can to create justice in this situation, to provide safety for the community.”

Council member Krista Laine (District 6) said in a statement that she wishes for Garces Perez’s “speedy recovery” and thanked the first responders on the scene.

“I stand with those demanding a full independent investigation and immediate release of body cam footage,” Laine said. “This blatant abuse of power must be stopped and those who do harm must be held accountable.”

Council member Marc Duchen (District 10) posted a statement on social media condemning the “tactics” ICE has previously deployed.

“ICE has a clear obligation to cooperate with the Austin Police Department and other officials as the investigation move forward,” Duchen said.

Austin Police chief Lisa Davis said her department is working alongside the Texas Rangers in its investigation.

Travis County District Attorney Jose Garza’s office released a statement Sunday that called for an independent investigation.

A member of our community was shot by an ICE agent this afternoon. It is critical that all the facts come to light and that an independent investigation be completed. We are requesting that the Austin Police Department and our office, the Travis County District Attorney, be co-equal partners in the investigation. We further request cooperation from the federal government in giving us access to the evidence. As has occurred in other jurisdictions, it is possible that this incident included violations of state law.

Democratic U.S. Rep. Lloyd Doggett, who represents the district where Garces Perez was shot, issued the following statement:

While we do not yet have all of the facts about today’s alarming shooting, we do have the facts about ICE, which has recently accelerated its intrusion into our community. And our lack of facts results from ICE secrecy and non-responsiveness. Instead of focusing its work on those who may pose a danger to our neighbors, ICE is eager to fulfill a deportation quota by rounding up any immigrant that it can find, including those who are making a real contribution to our community.

Rep. Greg Casar, D-Texas, is another of Austin’s congressmembers. He said Sunday that he’s asked DHS to cooperate with an independent investigation into the shooting and demanded the agency brief Congress by Sept. 28.