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A Venezuelan man, Wilber Rafael Garces Perez, is facing federal charges following an incident with U.S. Immigration and Customs Enforcement (ICE) in Austin earlier this month. According to a criminal complaint, Garces Perez allegedly struck a federal agent with his SUV during a chase. The Department of Homeland Security (DHS) claims that Garces Perez hit the gas and struck the agent with a side mirror during his arrest. The incident was captured on a body-worn camera video of a fellow agent.
Garces Perez, who was working as a DoorDash delivery driver, was shot by ICE agents during the encounter. He is currently detained at a Texas ICE facility. His attorney, Kate Lincoln-Goldfinch, stated that Garces Perez was unaware that ICE agents were pursuing him, thinking instead that he was dealing with an aggressive driver. She claims that Garces Perez tried to comply once he realized the situation but was shot in the back during the encounter.
The shooting has sparked multiple investigations, including those by DHS, the Federal Bureau of Investigation (FBI), Austin police, and the Texas Rangers. Austin Mayor Kirk Watson expressed skepticism about the federal government's ability to investigate the incident impartially, citing previous cases where ICE's initial accounts were contradicted by video evidence or witness statements.
Garces Perez entered the U.S. in 2024 using the CBP One application, which allowed asylum seekers to schedule appointments at designated points of entry. He received a deportation order in absentia after a court notice was sent to his old address. On Monday (September 28), San Antonio Federal Judge Orlando L. Garcia ordered ICE not to deport Garces Perez and set a court date for September 30.
The incident has prompted protests in Austin, with demonstrators calling for the abolition of ICE. The case remains under investigation, with Garces Perez's legal team planning to file a lawsuit.