An Immigration and Customs Enforcement (ICE) officer shot a Venezuelan immigrant during a federal operation in Austin, Texas, on September 20, raising questions about the circumstances that led to the use of force. The incident has sparked calls for an independent investigation amid conflicting accounts from authorities and the immigrant’s legal representatives.
Wilber Rafael Garcés Pérez, 28, remains in federal custody at the South Texas ICE Processing Center in Pearsall, Texas, following the shooting. His attorney, Kate Lincoln-Goldfinch, disputed ICE’s initial statement that the incident involved a brief foot pursuit before officers opened fire. According to Lincoln-Goldfinch, video footage does not support the claim that Garcés Pérez fled on foot, and he denied doing so during a call from detention played at a news conference on September 21.
“There was never a foot chase,” Garcés Pérez said in Spanish. “I never got out of the vehicle.” Police Chief Lisa Davis of Austin had initially said that preliminary information indicated a small foot pursuit preceded the shooting.
The events unfolded around 1 p.m. local time, when Garcés Pérez, who was reportedly making a DoorDash delivery, was sideswiped by an unmarked vehicle. According to Lincoln-Goldfinch, Garcés Pérez did not realize the individuals in the vehicle were federal agents. After making a U-turn under a highway overpass, his car was struck again by the same vehicle. The officer then fired a shot at the rear of Garcés Pérez’s car once it stopped.
Video recordings circulating on social media show a dark SUV and a blue Toyota Corolla traveling under a highway overpass, followed by gunshots. Additional footage shows Garcés Pérez wounded inside his vehicle, with bullet holes visible in the passenger side window. Emergency responders transported him to Dell Seton Medical Center in serious but stable condition. While officials initially reported a torso wound, Lincoln-Goldfinch said the bullet entered near the back of his neck and lodged close to his spine; doctors opted not to remove it due to its location.
After being discharged from the hospital, Garcés Pérez was taken into ICE custody and transferred to the Pearsall detention center, where he reportedly has not received adequate medical care. His attorneys have filed a federal lawsuit seeking his release and an injunction preventing deportation as investigations continue.
The Department of Homeland Security (DHS), which oversees ICE, referred to Garcés Pérez as “an illegal alien from Venezuela” who entered the U.S. unlawfully under the current administration and had a final removal order. DHS stated he remains stable and in custody pending deportation. However, Lincoln-Goldfinch said Garcés Pérez entered the country legally approximately two years ago through CBP One, a program allowing individuals to seek humanitarian parole at ports of entry. She added that an immigration judge ordered his deportation in absentia after sending a hearing notice to an outdated address, which Garcés Pérez did not receive.
Neither DHS nor ICE has provided further clarification on whether Garcés Pérez exited his vehicle or on the exact justification for the officer’s use of force. They also did not respond regarding his medical treatment while in detention.
Austin Mayor Kirk Watson and U.S. representatives Greg Casar and Lloyd Doggett have urged a rigorous independent investigation involving local authorities, including the Texas Rangers and Austin police, emphasizing skepticism toward an inquiry led solely by DHS. Casar expressed concern over repeated discrepancies in federal accounts of enforcement encounters and called for the prompt release of body camera footage and the suspension of the officers involved pending the investigation.
Austin Police Chief Lisa Davis noted that her department was not involved in the operation or shooting. The investigation into the incident remains ongoing, with DHS saying it will provide updates as more information becomes available.