A federal judge has issued a temporary block on the deportation of Wilber Rafael Garces Perez, an illegal immigrant from Venezuela, who was shot by a U.S. Immigration and Customs Enforcement (ICE) officer in Austin. This decision came after attorney Kate Lincoln-Goldfinch filed a federal lawsuit on behalf of Perez, aiming to secure his presence for a September 30 hearing.

“Wilber cannot be deported in the meantime,” Lincoln-Goldfinch announced on social media. She further emphasized his need for ongoing medical care due to the severe pain and the lodged bullet in his neck.

Wilber Rafael Garces Perez, 28, was shot while delivering a DoorDash order in Austin over the weekend. ICE officers pursued him under the highway, eventually sideswiping his vehicle and shooting him, Lincoln-Goldfinch explained.

Despite having a final removal order, Lincoln-Goldfinch argues the notice for Perez’s immigration hearing was misdirected to an old address, adding confusion to his case.

Travis County District Attorney Jose Garza has intervened, sending a letter to the Department of Homeland Security Secretary and ICE Director, advocating for Perez to remain in the U.S. during the investigation. More than 100 members of Congress, including Rep. Greg Casar, have voiced similar concerns, urging ICE to release Perez for medical treatment and preserve evidence from the incident.

The ICE officer involved has a background in law enforcement, including experience with the U.S. Border Patrol. Despite having completed comprehensive training, the officer was not equipped with a body camera at the time of the shooting. ICE is expected to provide body cameras to all officers by the end of the month.

Critics of ICE have been vocal post-incident, labeling the agency as “rogue” and a threat to public safety. Meanwhile, the Department of Homeland Security has published arrests of various illegal immigrants in Texas, detailing serious criminal charges ranging from mass shooting plans to soliciting murder of ICE agents.