Wilber Rafael Garcés, 28, "is being held in Pearsall to be interrogated and still has the bullet lodged in his body. He has not received painkillers and has had to sleep on the floor," the lawyer detailed about his state of health.

The U.S. Department of Homeland Security (DHS) confirmed to EFE on Sunday the opening of an investigation into the incident in which Garcés was shot in the back by an ICE agent.

According to his lawyer, the Venezuelan was in his vehicle and "in the middle of a DoorDash delivery" at midday this Sunday in Austin, Texas, when he was shot by immigration agents.

A DHS spokesperson claimed that Garcés "entered the country illegally under the (former President Joe) Biden Administration and was subject to a final deportation order," however his lawyer told EFE that he entered through CBP One, an app active during the previous government that allowed migrants to apply for asylum at the border.

According to what Mike Siegel, an Austin councilman who went to the scene of the incident, told EFE, what happened is that an ICE agent got out of an unmarked van and fired at the car Garcés was driving, which was parked.

Violent operations against migrants have increased during Trump's second term, with at least six drivers killed and another eleven wounded by gunfire during federal immigration agents' operations, according to a report published in July by The Washington Post.

As part of the current deportation campaign, arrests have increased of migrants who entered through that app, applied for programs such as Temporary Protected Status (TPS) or humanitarian permits, promoted by his Democratic predecessor.