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A Venezuelan immigrant shot by an ICE officer in Austin earlier this month now faces assault charges, according to federal prosecutors.
Wilber Rafael Garces Perez, 28, is accused of striking an ICE agent with his vehicle as he tried to flee federal agents. The Department of Justice alleges that Garces, who is reportedly living in the U.S. illegally under an active deportation order, hit the officer’s torso with his car’s side mirror on September 20. Following the impact, authorities say he led agents on a high-speed chase.
Court documents reveal that the ICE officer, identified only as “L.G.,” fired at Garces through the rear right window of his vehicle. Notably, L.G. was not wearing a body camera during the incident, and a second officer present had a body camera but reportedly turned it off during the pursuit. Still images from that second officer’s footage show L.G. standing beside the vehicle as it moved.
Sources told The Atlantic that the ICE officer who fired the shots was a recent recruit. If convicted of assault, Garces faces up to 20 years in prison.
The incident occurred while Garces was making a DoorDash delivery when his car was reportedly sideswiped twice by ICE officers in an unmarked truck. He was hospitalized after being shot but released back into ICE custody with the bullet still lodged inside him. Immigration attorney Kate Lincoln-Goldfinch, representing Garces, stated that he remained in significant pain and had to return to the hospital after experiencing worsening symptoms.
Legal filings describe harsh conditions at an ICE processing center, including being forced to sleep on a concrete floor and undergoing interrogation without a lawyer present. A temporary restraining order was filed on his behalf regarding these treatment concerns.
Austin Police Chief Lisa Davis shared video from an off-duty officer’s dashcam and cellphone capturing the sound of three gunshots during the incident. This footage prompted a rapid police response.
Congressman Greg Casar, a Democrat, visited Garces in custody and reported seeing him in a wheelchair with his left arm in a sling. Casar emphasized the need for expedited medical care, noting that an expert recommended surgery to remove the bullet lodged near Garces’ shoulder blades. DHS responded by asserting that they provide some of the best medical care many detainees have ever received.
Garces entered the United States earlier this year under the CBP One program, designed to allow migrants to schedule asylum appointments with U.S. authorities-a program initiated under President Biden and later discontinued by former President Trump. Although Garces had a valid work permit and was seeking asylum, a deportation order was issued after he missed a court hearing due to a notice being sent to an outdated address.
The case highlights ongoing tensions surrounding immigration enforcement and detainee treatment, with legal advocates calling for improved medical care and due process protections.