Full Breakdown
Immigration and Customs Enforcement (ICE) Shooting of Wilber Rafael Garces Perez and Subsequent Assault Charge
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The Incident and Criminal Charge
On September 20, 2026, ICE agents stopped Wilber Rafael Garces Perez, a 28-year-old Venezuelan national delivering food for DoorDash in north Austin. After confirming his identity, agents ordered him to exit the vehicle. Garces Perez asked to park elsewhere so his wife could retrieve the car, then ignored the command and drove away. As he accelerated, his driver-side mirror struck an officer’s torso. A brief pursuit ended when an ICE officer, not wearing a body camera, fired into the back window, wounding Garces Perez in the back. He was taken to Dell Seton Medical Center, released a few hours later, and placed in ICE custody.
A federal criminal complaint filed in the Western District of Texas charges Garces Perez with one count of assaulting, resisting, interfering with, and impeding a federal officer. If convicted, he faces up to 20 years in federal prison. A detention hearing is scheduled for a Friday in early October, and a habeas hearing is set for a Wednesday in late September in San Antonio.
Background & Context
Garces Perez entered the United States in 2024 through the CBP One program and later received a final removal order in August 2025. His attorney, Kate Lincoln-Goldfinch, says the removal notice was sent to an outdated address, causing him to miss a required immigration hearing.
The shooting occurs amid a surge in ICE enforcement following President Donald Trump’s second term, during which the agency reported over 50,000 monthly arrests in July and August 2026. ICE’s use of body-worn cameras is slated for agency-wide implementation by the end of September 2026, but the officer who fired was not equipped with a camera at the time.
Data & Statistics
- Age of suspect: 28 years
- Injury: Bullet lodged in back, fractured clavicle, limited mobility
- Legal exposure: Up to 20 years imprisonment for the assault charge
- ICE shooting history (2025-2026): At least two dozen people shot; six deaths, including three U.S. citizens
Official Statements & Responses
U.S. Attorney Justin R. A Department of Homeland Security (DHS) spokesperson redirected media inquiries to the Department of Justice.
Criticism & Opposition
Democratic Representative Greg Casar, D-Austin, visited Garces Perez in detention and said, “This person needs a doctor, not a deportation or a detention center.” He urged ICE to expedite medical treatment.
On-the-Ground Reports
Local witnesses and Austin police video show an ICE SUV colliding with Garces Perez’s car before the officer exited and fired. Bystander footage captured the aftermath, including Garces Perez clutching his chest and first-aid provided by Austin officers. Supporters gathered at the shooting site and outside the Pearsall detention center, demanding better medical care and transparency.
Conflicting Reports & Gaps
- Sequence of events: The affidavit claims Garces Perez struck the officer with his mirror and then tried to hit the officer with his car. Garces Perez’s own statement says an ICE SUV hit his vehicle, causing it to spin before the shooting.
- Body-camera coverage: One officer wore a camera that recorded the initial stop; the shooting officer did not. ICE has not released the footage, and the agency’s investigation remains ongoing.
What’s Next
Garces Perez will appear before a federal immigration judge in San Antonio later this month for a habeas petition seeking release from detention. A detention hearing on the assault charge is slated for a Friday in early October. The DHS-led investigation, in coordination with the FBI, is expected to release findings pending the ongoing legal proceedings.