Full Breakdown
Shooting of ICE Agent in Austin Leads to Charges and Medical Controversy
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The Incident and Immediate Aftermath
On September 20, Immigration and Customs Enforcement (ICE) agents stopped Wilber Rafael Garces Pérez, a 28-year-old Venezuelan delivery driver, after a license-plate check linked his vehicle to a final removal order. One officer wore a body-worn camera; the other did not. Court filings say Garces Pérez handed his driver’s license through a cracked window, was asked to exit, and then “abruptly” closed the window and drove off. As he fled, the driver’s side-view mirror struck an officer’s torso. The same officer later fired, striking Garces Pérez in the upper back. He was taken to Dell Seton Medical Center, released a few hours later, and returned to ICE custody with the bullet lodged near his spine. He remained in that condition for eleven days before surgery removed the projectile.
Legal Charges and Court Proceedings
Federal prosecutors filed a criminal complaint charging Garces Pérez with one count of assaulting, resisting and impeding a federal officer, a violation that carries a maximum sentence of 20 years. A federal magistrate judge ruled that Garces Pérez is a flight risk and ordered him to remain in federal custody. He appeared in court in a wheelchair with his left arm in a sling.
Background & Context
Garces Pérez entered the United States in December 2023 through the CBP One program, an online platform created under President Joe Biden to schedule asylum appointments. He obtained a work permit and was later issued a removal order in August 2025, which his attorney says was sent to an outdated address. The shooting occurred amid a surge in ICE activity during President Donald Trump’s second term, when the agency reported more than 50,000 arrests in July and August 2026—a historic high. Since January 2025, at least ten ICE-related shootings have been documented, three of them fatal.
Conflicting Accounts
The government’s affidavit describes Garces Pérez striking an officer with his mirror and then attempting to hit the officer with his vehicle, prompting the shooting. Garces Pérez’s own affidavit tells a different story: a law-enforcement SUV sideswiped his car, causing it to spin, after which the officer opened fire. No video of the shooting has been released; only screenshots from one officer’s body-camera footage are publicly available, and the second officer’s camera was turned off before the fatal shot.
Official Statements & Responses
- U.S. Attorney Justin R.
- The Department of Justice’s Office of Public Affairs reiterated that the statutory maximum for the charge is 20 years.
- A newly issued ICE memorandum mandates that all agents wear activated body cameras and avoid high-speed pursuits; the September 20 stop did not comply with those guidelines.
- U.S. Rep. Greg Casar (D-TX) visited Garces Pérez in detention, urging that he receive proper medical care.
- U.S. Rep. Joaquín Castro (D-TX) reported that ICE denied Garces Pérez’s wife access to the operating room during surgery.
Criticism & Opposition
Civil-rights advocates argue that the incident highlights systemic problems with ICE’s use of force and lack of transparency. Rochelle Garza, president of the Texas Civil Rights Project, condemned the agency’s handling of Garces Pérez’s medical needs and the refusal to release full body-camera footage.
What’s Next
Garces Pérez’s legal team continues to seek his release from federal custody on medical grounds and has filed a lawsuit to halt his removal from the United States. A detention hearing is scheduled for early October, and the defense is demanding the full release of body-camera footage to clarify the events leading to the shooting.