Should DHS lead the investigation of the ICE shooting of a delivery driver in Austin?
DHS says it will lead the investigation of an ICE officer's shooting of Wilber Rafael Garces Perez in Austin. Read its statement, calls for an independent inquiry and the subsequent charge.
BackgroundWhen can federal immigration agents use deadly force?What is the Supremacy Clause?
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
On September 20, 2026, according to Austin officials, an Immigration and Customs Enforcement officer shot and wounded Wilber Rafael Garces Perez, a 28-year-old Venezuelan DoorDash driver, in North Austin, Texas. DHS said Homeland Security Investigations, with FBI assistance, would lead the investigation and described him as an “illegal alien” with a final order of removal who is in federal custody pending removal. His attorney disputes that he entered illegally and says he has a valid work permit. Austin's mayor, Democratic members of Congress and the League of United Latin American Citizens question DHS's and ICE's credibility and have called for an independent investigation. Rep. Chip Roy, a Republican, repeated DHS's description of the man. On September 29, federal prosecutors charged him with assaulting and resisting a federal officer, and the U.S. Attorney's Office said ICE's Homeland Security Investigations is investigating that case.
Background: Terms in this case
Read the full background
This case classifies responses to DHS's public account of the shooting and its decision to have Homeland Security Investigations lead the investigation. In a late-Sunday post on X (opens in a new tab), DHS said HSI, with the FBI's assistance, is leading the investigation into an “officer involved shooting” of a man from Venezuela who “illegally entered our country under the Biden administration and had a final order of removal,” and that he is in federal custody pending removal. The post did not name him or say what led to the shooting. CBS News reported (opens in a new tab) that HSI is a component of ICE itself and has not traditionally been the principal investigator of officer-involved shootings.
Austin-Travis County EMS said the shooting was reported at about 12:56 p.m. on Sunday, September 20, in North Austin. CNN reported (opens in a new tab) that officials said the man was shot in the torso, that DoorDash confirmed he was working as a delivery driver at the time, and that a source familiar with the incident said ICE officers found a vehicle registered to him while conducting license-plate-based enforcement and that he had a deportation order. Austin police said they were not involved in the shooting.
Immigration attorney Kate Lincoln-Goldfinch, who represents his family, identified him as Wilber Rafael Garces Perez. She told CBS News (opens in a new tab) that, based on the information available to her team, he entered the United States lawfully, without commenting on his current legal status, and told CNN (opens in a new tab) that he entered on an asylum claim, had been protected by a parole program that the administration later ended, has a valid work permit, and received a removal order in absentia after his court date was changed without notice to him. She also disputes that there was a foot chase; Austin's police chief said there may have been a brief foot pursuit but called that information preliminary. NBC News reported (opens in a new tab) that a senior administration official said he had no criminal history beyond being in the country illegally.
Local and federal Democratic officials have challenged an investigation led by DHS. Mayor Kirk Watson told a news conference that ICE conducting an investigation by itself and excluding others would not be appropriate (KXAN (opens in a new tab)). The Travis County District Attorney's office asked to be a “co-equal partner” with the Austin Police Department, requested federal cooperation and access to evidence, and said the incident may have included violations of state law (FOX 7 Austin (opens in a new tab)). Rep. Greg Casar sent DHS a letter (opens in a new tab) demanding an independent investigation and a briefing by September 28, and LULAC called for independent oversight of immigration enforcement (CNN (opens in a new tab)).
On September 29, the U.S. Attorney's Office for the Western District of Texas announced (opens in a new tab) that Garces Perez had been charged with one count of assaulting, resisting, interfering with and impeding a federal officer, and said ICE's Homeland Security Investigations is investigating that case. The Associated Press reported (opens in a new tab) that a nine-page affidavit from a DHS agent is the government's fullest public account of the shooting so far, and that the officer who fired was not wearing a body camera. The complaint describes a vehicle chase rather than a foot pursuit, and Austin's police chief said at a September 22 briefing that a vehicle pursuit followed the first encounter (KEYE (opens in a new tab)).
Rep. Chip Roy (R-TX) posted on X (opens in a new tab) that “we were told” the man is an illegal alien from Venezuela with a final order of removal; Fox News reported (opens in a new tab) that authorities had not publicly disclosed information indicating the man fired a weapon. As of September 22, we could not locate a public DHS response to the demands for an independent investigation or to the attorney's account. The dispute concerns DHS's description of events and who should investigate; it is not a finding on whether the shooting was justified.
People in this case
Kirk WatsonDirectly involved
Timeline
12 timeline entries on this page. Dates: September 20, 2026 to October 7, 2026
September 2026
Travis County District Attorney asks to be a co-equal partner in the investigation
Reaction
The Travis County District Attorney's office said in a statement that an independent investigation must be completed and asked that the Austin Police Department and the District Attorney's office be “co-equal partners in the investigation.” It also requested federal cooperation in giving it access to the evidence and said it is possible the incident included violations of state law.
[01]ICE shooting in North Austin: Texas leaders react
Roundup that reproduces the full text of statements from Mayor Watson, the Travis County District Attorney, Rep. Casar and others on the day of the shooting.
ICE shooting in North Austin: Texas leaders reactStatements section: Travis County District Attorney, Mayor Watson, Rep. Casar[02]KXAN
Local report quoting Mayor Watson's news conference remarks and the District Attorney's statement. It notes the DHS post did not name the man.
Austin officials condemn ICE shooting of Venezuelan man, call for independent investigation · KXANParagraphs quoting Mayor Watson on ICE's credibility, the Travis County District Attorney statement, and Rep. Doggett[03]CNN
CNN report on the shooting, DHS's statement, the attorney's account, local officials' calls for an independent investigation, and LULAC's statement.
Man shot by ICE moved from hospital to detention center 'with a bullet in his back,' lawyer tells CNN · CNNFull article: dispute over legal status; LULAC statement; attorney interviewGarces Perez files habeas petition and emergency motion
The public docket in Garces Perez v. Thompson, No. 5:26-cv-06038 (W.D. Tex.), records that Wilber Rafael Garces Perez filed a petition for a writ of habeas corpus and a separate motion seeking a temporary restraining order, preliminary injunction, release, and a stay of removal. The docket records the filings; it does not resolve the petition’s allegations or requests.
[04]Docket in Garces Perez v. Thompson, No. 5:26-cv-06038 (W.D. Tex.)
Source excerpt
Petition for Writ of Habeas Corpus ... filed by Wilber Rafael Garces Perez; MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION ORDERING RELEASE AND A STAY OF REMOVAL PENDING FINAL JUDGMENT.
Public docket mirror for Garces Perez v. Thompson, No. 5:26-cv-06038 in the Western District of Texas. It records the filing of a habeas petition and an emergency motion seeking release and a stay of removal; the underlying filings are not publicly available in the mirror, so this source does not establish their factual allegations or merits.
Docket in Garces Perez v. Thompson, No. 5:26-cv-06038 (W.D. Tex.)Docket entries 1 and 2, entered September 21, 2026Garces Perez gives a phone account from ICE detention after the shooting
Claim
During a September 21 telephone statement from ICE detention, Garces Perez said hospital staff told him a bullet was too near his spine to remove and alleged that he had not received the medical care he needed after transfer. He also gave an account of the moments before the shooting that differed from preliminary descriptions. These are Garces Perez’s attributed statements; the reports do not independently establish the medical or shooting allegations.
[05]Univision reports Wilber Garcés Pérez’s phone account from ICE detention
Source excerpt
Estoy un poco mal, tengo la bala ahí adentro todavía.
Univision reports a September 21 telephone statement by Wilber Garcés Pérez from ICE detention. It attributes to him an account of his medical care and the moments before the shooting; the report does not independently establish those allegations.
Univision reports Wilber Garcés Pérez’s phone account from ICE detentionParagraphs beginning “Desde un centro de procesamiento…,” “Estoy un poco mal…,” “Un día antes…,” and section “De la cama del hospital al piso de un centro de detención.”[06]Texas Tribune reports Wilber Garcés Pérez’s phone account after Austin ICE shooting
Source excerpt
I’m not doing very well. I have not received the medical attention that I require.
The Texas Tribune reports Garcés Pérez’s September 21 telephone remarks from ICE detention and says the Department of Homeland Security did not immediately respond to a request for comment on his shooting account and medical-care complaint.
Texas Tribune reports Wilber Garcés Pérez’s phone account after Austin ICE shootingOpening paragraphs describing the press conference, especially the paragraphs beginning “Garces Perez, who called into the news conference,” and “The Department of Homeland Security did not immediately respond.”Rep. Joaquin Castro says Garcés Pérez is being taken to a hospital
Reaction
In a public Instagram reel, Rep. Joaquin Castro said Wilber Rafael Garcés Pérez was being taken to a hospital from the South Texas ICE Processing Center, was in severe pain, still had a bullet in his left side, and could not move the left side of his body. The post attributes those details to Pérez and is not an independent medical-provider or DHS confirmation.
[07]Joaquin Castro
Source excerpt
He’s being taken to the hospital. He is in tremendous pain.
In a verified public Instagram reel, Rep. Joaquin Castro said Garcés Pérez was being taken to a hospital from the South Texas ICE Processing Center, had a bullet still inside his left side, and could not move the left side of his body. The post is Castro’s account of Pérez’s reported condition; it is not an independent medical-provider or DHS confirmation.
Rep. Joaquin Castro Instagram update on Wilber Rafael Garcés Pérez’s medical condition · Joaquin CastroVerified @joaquincastrotx reel caption, beginning “Update on the condition of Wilber Rafael Garcés Pérez”About 175 protesters rally at the Texas Capitol over the shooting
Reaction
Roughly 175 people gathered at the south gates of the Texas Capitol on the evening of September 21, organized by La Frontera Unidad, to protest Garces Perez's shooting. Speakers demanded his release from ICE custody, prosecution of the officer who shot him, and an independent investigation; several also called for broader changes to immigration enforcement, including abolishing ICE. Texas DPS troopers monitored the demonstration, which dispersed peacefully after the Capitol grounds closed at 8 p.m.
[08]Austin American-Statesman: Protesters rally at Texas Capitol over Garces Perez shooting
Source excerpt
Not one agency that fills the back of my people with bullets can ever be reformed.
The Austin American-Statesman's report on a roughly 175-person protest at the Texas Capitol on September 21, organized by La Frontera Unidad, demanding Garces Perez's release, prosecution of the officer who shot him, and an independent investigation. It also reports a new statement from attorney Kate Lincoln-Goldfinch that Garces Perez's condition worsened in ICE custody.
Austin American-Statesman: Protesters rally at Texas Capitol over Garces Perez shootingFull article, including quotes from Jesse Valdelamar, Selena Jurado and Kate Lincoln-Goldfinch.Lincoln-Goldfinch says Garces Perez's condition worsened in ICE custody
Reaction
Attorney Kate Lincoln-Goldfinch said Garces Perez was handled roughly by officers after being transferred to the South Texas ICE Processing Center in Pearsall, lost feeling in his left arm and leg, and was then taken to a hospital. She said he had not received pain medication and had been held in a cold room without a bed, and that a bullet remains lodged near his spine.
[08]Austin American-Statesman: Protesters rally at Texas Capitol over Garces Perez shooting
Source excerpt
Not one agency that fills the back of my people with bullets can ever be reformed.
The Austin American-Statesman's report on a roughly 175-person protest at the Texas Capitol on September 21, organized by La Frontera Unidad, demanding Garces Perez's release, prosecution of the officer who shot him, and an independent investigation. It also reports a new statement from attorney Kate Lincoln-Goldfinch that Garces Perez's condition worsened in ICE custody.
Austin American-Statesman: Protesters rally at Texas Capitol over Garces Perez shootingFull article, including quotes from Jesse Valdelamar, Selena Jurado and Kate Lincoln-Goldfinch.Gina Hinojosa calls for medical attention for Garces Perez
Reaction
Texas House member Gina Hinojosa called for Wilber Rafael Garces Perez to receive urgent medical attention and criticized his reported detention by ICE after the shooting. Her statement presents the medical and detention circumstances as reported and does not independently establish them.
[09]Gina Hinojosa statement calling for medical attention for Wilber Rafael Garces Perez
Source excerpt
Right now, a man is being held with a bullet lodged in his body at a federal facility in Pearsall, Texas. He needs urgent medical attention.
Campaign statement from Texas House member Gina Hinojosa about Garces Perez's reported detention after the Austin shooting. It calls for urgent medical attention and criticizes the reported handling by ICE; it does not itself establish the medical or detention facts.
Austin police chief says APD SIU and Texas Rangers will take part in the investigation
Austin Police Chief Lisa Davis released a video about the September 20 ICE incident. KVUE reported that Davis said the Austin Police Department’s Special Investigations Unit and the Texas Rangers would take part in the shooting investigation, asked the public not to speculate, and invited witnesses to provide evidence. The announcement does not resolve the disputed accounts of the shooting.
[10]Austin Police Chief Lisa Davis video message about the September 20 ICE incident
Source excerpt
Message from Chief Davis regarding Sunday, Sept. 20th ICE Incident
Official video statement from the Austin Police Department about the September 20, 2026 ICE shooting incident. The department's linked video addresses the ongoing investigation and requests public cooperation.
Austin Police Chief Lisa Davis video message about the September 20 ICE incidentPost text and attached 3:01 video[11]Man shot by ICE agents in Austin gives phone interview during press conference
Source excerpt
APD’s Special Investigations Unit and the Texas Rangers will take part in the shooting investigation.
Local report on a September 21 press conference and Chief Lisa Davis's video statement. It reports that the Austin Police Department’s Special Investigations Unit and the Texas Rangers will take part in the investigation, and that Davis asked witnesses to provide evidence.
Man shot by ICE agents in Austin gives phone interview during press conferenceParagraph beginning “Davis and Austin Mayor Kirk Watson said”Rep. Joaquin Castro calls for an independent investigation into the Austin ICE shooting
Reaction
In an official statement about Wilber Rafael Garcés Pérez’s shooting, Rep. Joaquin Castro called for an independent investigation, immediate medical care, and for Pérez to remain in Texas. He also described ICE as “rogue, lawless, and deadly.”
[12]Joaquin Castro
Source excerpt
Under Trump, ICE has become rogue, lawless, and deadly.
An official House page hosting Castro’s video about the Austin shooting of Wilber Rafael Garces Perez. The page says Castro is calling for an independent investigation, immediate medical care, and for Perez to remain in Texas; it also contains Castro’s attributed account of Perez’s detention and medical treatment. Embedded video: https://www.youtube.com/watch?v=DhFBycT6Ups.
Rep. Joaquin Castro: “The Austin ICE shooting of Wilber Rafael Garces Perez” · Joaquin CastroOpening description beneath the embedded video.Travis County DA asks DHS and ICE to halt Garces Perez's removal
Reaction
The Travis County District Attorney's Office asks DHS and ICE to halt removal proceedings against Garces Perez while the office investigates his shooting during an attempted ICE traffic stop. The office said removal could hinder his ability to participate as a material witness in its investigation or a future prosecution. The request does not establish whether DHS, ICE, or a court will grant it.
[13]Travis County District Attorney's Office sends letter to DHS and ICE to halt removal proceedings against Wilbur Rafael Garces Perez
Source excerpt
Mr. Garces Perez's ability to participate as a material witness will be severely hindered if he is removed from the United States.
The Travis County District Attorney's Office said it asked DHS and ICE to halt removal proceedings against Garces Perez while the local investigation continues. The request seeks to preserve his ability to participate as a material witness; it does not represent a decision by DHS, ICE, or a court.
Travis County District Attorney's Office sends letter to DHS and ICE to halt removal proceedings against Wilbur Rafael Garces PerezEntire official release and linked 9.22.26 TCDA LetterCasar visits Garces Perez in detention and requests a transparent investigation
Reaction
Rep. Greg Casar's office said he visited Wilber Rafael Garces Perez in ICE custody and requested a transparent investigation, release of body- and dash-camera footage, and federal cooperation with local law enforcement. The release states Casar's account and requests; it does not independently establish the medical or detention-condition assertions it describes.
[14]Greg Casar
Official release from Representative Greg Casar's office. It reports on his detention visit with Wilber Rafael Garces Perez and states Casar's requests for medical release, body- and dash-camera footage, and a transparent investigation. Medical and detention-condition assertions are attributed to Casar and Garces Perez; the release is not an independent investigation.
Casar reports on Garces Perez after a detention visit and calls for medical release · Greg CasarSeptember 23, 2026 dateline; opening visit description; Casar quotation; paragraphs calling for an investigation, footage release, and DHS briefing.
October 2026
Austin police say requested DHS evidence has not arrived
Reaction
Austin police said on October 7 that they had not received requested federal reports and recordings concerning the September shooting of Luis Garces. They said their investigation was continuing while they awaited a response. The Statesman published the statement October 8; DHS did not comment for the article.
[15]Austin American-Statesman
The American-Statesman quotes a direct APD statement that requested federal material had not arrived. The statement concerns access to evidence and the ongoing local investigation; it does not resolve the justification for the shooting.
Austin police say DHS has not shared evidence in ICE shooting investigation · Austin American-StatesmanAPD statement supplied Wednesday, October 7; paragraphs listing requested reports and recordings and describing continued independent investigation.
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
Any DHS narrative about the Austin shooting must be viewed with deep skepticism, and an independent investigation of the shooting must be conducted.
Sources (1)
- Letter from Rep. Greg Casar to DHS Secretary Markwayne Mullin and Acting ICE Director David Venturella · Greg CasarPage 2, paragraph beginning "ICE and Customs and Border Protection (CBP) agents have shot"
Response record
Responses
Choose one response filter, or select All responses to see the full record.
2 matching responses. Newest first.
U.S. Department of Homeland SecurityOfficial DHS account on XDirectly involvedBefore this statement
Austin officials said an ICE officer shot and wounded a man in North Austin at about 12:56 p.m. on September 20. Rep. Greg Casar and Mayor Kirk Watson had already called for an independent investigation before the post appeared late that night.
"Homeland Security Investigations, with the assistance of the Federal Bureau of Investigation, is leading the investigation into the officer involved shooting of an illegal alien from Venezuela, who illegally entered our country under the Biden administration and had a final order of removal, during a law enforcement operation today in Austin, TX. The illegal alien’s condition is stable, and he is in federal custody pending removal. This is a developing situation, and we will update the public when more information becomes available."
Defended or excusedCase context: Should DHS lead the investigation of the ICE shooting of a delivery driver in Austin?
Full statement and sources
DHS said HSI, assisted by the FBI, is leading the investigation into the shooting, described the man as an illegal alien from Venezuela with a final order of removal, and said he is in federal custody pending removal.
After the statement
The post did not name the man or say what led to the shooting. His attorney later disputed that he entered illegally, and NBC News reported that DHS did not immediately respond to a request for comment on her statements.
DHS post on X about the Austin officer-involved shooting · U.S. Department of Homeland SecurityPost textMan shot by ICE moved from hospital to detention center 'with a bullet in his back,' lawyer tells CNN · CNNFull article: dispute over legal status; LULAC statement; attorney interviewICE officer shoots Venezuelan man delivering food in Austin, lawyer says · NBC NewsFull article: DHS statement; senior administration official; Casar letterAustin officials condemn ICE shooting of Venezuelan man, call for independent investigation · KXANParagraphs quoting Mayor Watson on ICE's credibility, the Travis County District Attorney statement, and Rep. DoggettICE shooting in North Austin: Texas leaders reactStatements section: Travis County District Attorney, Mayor Watson, Rep. CasarWhy this label?
Relative to DHS's account of the shooting and its decision to have HSI lead the investigation, DHS itself states the account and assigns the inquiry to its own component. Its only qualification is that the situation is developing. Closest competing label: none; the post makes no concession.
This label describes the statement's response within the context above.
Kirk WatsonMayor of Austin, in a statement posted on X and FacebookDirectly involvedBefore this statement
Watson wrote after an ICE officer shot and wounded a man in North Austin. He began by saying he was “very angry and extremely disappointed” and not surprised.
"With the rogue nature of ICE and the chaos we’re seeing fomented by ICE, there’s no reason to be surprised. Austinites have a right to know what happened and they have a right to feel safe in their community. Though APD was not involved in the shooting, I believe that there needs to be an investigation that APD assures is clear-eyed, as complete as possible, and independent."
CondemnedCase context: Should DHS lead the investigation of the ICE shooting of a delivery driver in Austin?
Full statement and sources
Watson said that, given the rogue nature of ICE and the chaos he says ICE is fomenting, there is no reason to be surprised, that Austinites have a right to know what happened, and that, although Austin police were not involved, there needs to be an investigation that APD assures is clear-eyed, as complete as possible, and independent.
After the statement
He said Austin police's Special Investigation Unit was on scene and that Chief Lisa Davis had asked the Texas Rangers to assist. At a news conference, he said the credibility of ICE conducting an investigation by itself and excluding others would not be appropriate.
Mayor Kirk Watson's post on X on the ICE shooting in Austin · Kirk WatsonPost textMayor Kirk Watson's Facebook statement on the ICE shooting in Austin · Kirk WatsonPost textICE shooting in North Austin: Texas leaders reactStatements section: Travis County District Attorney, Mayor Watson, Rep. CasarAustin officials condemn ICE shooting of Venezuelan man, call for independent investigation · KXANParagraphs quoting Mayor Watson on ICE's credibility, the Travis County District Attorney statement, and Rep. DoggettICE agent shoots and wounds man in Austin, Texas, sparking demands for full investigation · CBS NewsFull article: investigation lead; attorney quotes; Watson remarksWhy this label?
Relative to DHS's decision to have its own component lead the investigation, Watson criticizes ICE's conduct and insists on an investigation that Austin police can assure is independent; in remarks to reporters he said an ICE-only investigation would not be appropriate. Closest competing label: “Mixed or conditional” loses because the request is a rejection of ICE-only control, not a conditional acceptance.
This label describes the statement's response within the context above.
Sources
(47)
Original post
DHS post on X about the Austin officer-involved shooting
Excerpt
"Homeland Security Investigations, with the assistance of the Federal Bureau of Investigation, is leading the investigation"
About this source
Official DHS account on X, posted at 11:33 p.m. Central on September 20, 2026. The post does not name the man or say what led to the shooting.
- Published
- Accessed
Reporting
Austin police say DHS has not shared evidence in ICE shooting investigation
Relevant passage: APD statement supplied Wednesday, October 7; paragraphs listing requested reports and recordings and describing continued independent investigation.
About this source
The American-Statesman quotes a direct APD statement that requested federal material had not arrived. The statement concerns access to evidence and the ongoing local investigation; it does not resolve the justification for the shooting.
- Author
- Tony Plohetski
- Published
- Accessed
Reporting
Austin Council Member calls for ICE accountability, independent investigation
Relevant passage: Fuentes quotation beginning "ICE cannot investigate itself," in the second half of the article
Excerpt
"“ICE cannot investigate itself, and so it’s important that we have our local law enforcement agency involved in that investigation," she said."
About this source
CBS Austin report on Council Member Fuentes's remarks after the September 20 ICE shooting. It quotes her call for an independent investigation with local law enforcement involved and her call on Congress to stop funding ICE.
- Author
- Anika Engler
- Published
- Accessed
Reporting
Texas Democrats demand independent investigation of Austin ICE shooting
Relevant passage: Paragraph beginning "U.S. Rep. James Talarico" and the quotation that follows
Excerpt
"“Previous incidents have shown that this agency cannot be trusted to report all the facts,” Talarico said. “We need a full, independent investigation that includes the release of any and all available footage."
About this source
San Antonio Current report on Texas Democrats' reactions to the shooting. It says Talarico released a statement calling for an independent investigation and that Austin Mayor Kirk Watson joined that call.
- Author
- Michael Karlis
- Published
- Accessed
Reporting
After Austin ICE shooting, officials demand body-camera footage and outside investigation
Relevant passage: Section headed "James Talarico calls for independent investigation, sends prayers"
Excerpt
"“Previous incidents have shown that this agency cannot be trusted to report all the facts,” Talarico said. “We need a full, independent investigation that includes the release of any and all available footage."
About this source
Austin American-Statesman report published the day after the shooting, collecting reactions from elected officials and advocacy groups. Its section on Talarico quotes his call for an independent investigation.
- Author
- Julianna Duennes Russ
- Published
- Accessed
Official statement
Travis County District Attorney’s Office Releases Statement on Reported ICE Agent Shooting of a Community Member
Relevant passage: Entire release, dated September 20, 2026
Excerpt
"It is critical that all the facts come to light and that an independent investigation be completed. We are requesting that the Austin Police Department and our office, the Travis County District Attorney, be co-equal partners in the investigation."
About this source
Official statement from the Travis County District Attorney's Office, issued the day of the shooting. It asks for an independent investigation and for federal cooperation in giving local investigators access to the evidence.
- Published
- Accessed
Reporting
A Venezuelan man was shot by ICE in Austin while doing deliveries. Here’s what we know
Relevant passage: Section "Local district attorney demands independent investigation" (article updated September 24, 2026)
Excerpt
"So far, the information has been flowing from the Austin Police Department to federal law enforcement officials, and as we sit here today, three days away from this shooting, it is incredibly important that the information start to flow both ways"
About this source
CNN's running account of the shooting, first published September 22, 2026 and updated September 24. The section on the district attorney reports what Garza told CNN on September 23 about evidence sharing between federal and local investigators.
- Author
- Taylor Romine, Priscilla Alvarez and Andy Rose
- Published
- Accessed
Official statement
Travis County District Attorney's Office sends letter to DHS and ICE to halt removal proceedings against Wilbur Rafael Garces Perez
Relevant passage: Entire official release and linked 9.22.26 TCDA Letter
Excerpt
"Mr. Garces Perez's ability to participate as a material witness will be severely hindered if he is removed from the United States."
About this source
The Travis County District Attorney's Office said it asked DHS and ICE to halt removal proceedings against Garces Perez while the local investigation continues. The request seeks to preserve his ability to participate as a material witness; it does not represent a decision by DHS, ICE, or a court.
- Author
- Travis County District Attorney's Office
- Published
- Accessed
Official statement
Castro Statement on Wilber Rafael Garces Perez
Relevant passage: Final paragraph beginning 'ICE has shot and killed people before'
Excerpt
"There must be an independent investigation, and the ICE officers who shot Wilber in the back should be held accountable."
About this source
Official statement from Joaquin Castro calling for an independent investigation into the ICE shooting of Wilber Rafael Garces Perez.
- Author
- Office of Congressman Joaquin Castro
- Published
- Accessed
Official statement
Casar reports on Garces Perez after a detention visit and calls for medical release
Relevant passage: September 23, 2026 dateline; opening visit description; Casar quotation; paragraphs calling for an investigation, footage release, and DHS briefing.
About this source
Official release from Representative Greg Casar's office. It reports on his detention visit with Wilber Rafael Garces Perez and states Casar's requests for medical release, body- and dash-camera footage, and a transparent investigation. Medical and detention-condition assertions are attributed to Casar and Garces Perez; the release is not an independent investigation.
- Author
- Office of Representative Greg Casar
- Published
- Accessed
Reporting
Austin lawmakers question ICE body-camera use after shooting of Wilber Garces Perez
Relevant passage: Passages quoting Rep. Lloyd Doggett about ICE's public account and any available body-camera footage; KXAN's report says ICE had not answered its question about whether agents wore cameras.
Excerpt
"“We don’t know enough because ICE as usual is not providing the facts.”"
About this source
KXAN's September 23 report attributes these remarks to U.S. Rep. Lloyd Doggett. It says KXAN had asked ICE whether the agents involved wore body-worn cameras and had not received a response as of publication; the report does not establish whether a camera was worn or activated.
- Author
- Sydney Gray
- Published
- Accessed
Reporting
Austin American-Statesman: Protesters rally at Texas Capitol over Garces Perez shooting
Relevant passage: Full article, including quotes from Jesse Valdelamar, Selena Jurado and Kate Lincoln-Goldfinch.
Excerpt
"Not one agency that fills the back of my people with bullets can ever be reformed."
About this source
The Austin American-Statesman's report on a roughly 175-person protest at the Texas Capitol on September 21, organized by La Frontera Unidad, demanding Garces Perez's release, prosecution of the officer who shot him, and an independent investigation. It also reports a new statement from attorney Kate Lincoln-Goldfinch that Garces Perez's condition worsened in ICE custody.
- Author
- Lily Kepner, Dante Motley
- Published
- Accessed
Original post
Rep. Adam Smith calls for a full investigation of the Garces Perez shooting
Excerpt
"We need a full investigation into the shooting of Wilber Rafael Garces Perez and answers before this rogue police force continues to target more people in our country's streets."
About this source
In a direct post, Rep. Adam Smith called for a full investigation and characterized ICE as violently targeting people without transparency or accountability. This is Smith’s assessment; the post does not independently establish the broader characterization.
- Author
- Adam Smith
- Published
- Accessed
Original post
Rep. James Walkinshaw calls for an independent investigation and body-camera footage
Excerpt
"We need a full, independent investigation and the body cam footage."
About this source
In a direct post, Rep. James Walkinshaw said Garces Perez was shot while delivering for DoorDash, warned that ICE might deport him before a full public account, and called for an independent investigation and release of body-camera footage. The post is Walkinshaw’s statement and does not independently establish the underlying facts.
- Author
- James Walkinshaw
- Published
- Accessed
Original post
Rep. Judy Chu says the violence against Garces Perez must end
Excerpt
"I have joined @RepCasar's letter demanding an independent investigation. This violence must end."
About this source
In a direct post, Rep. Judy Chu said she joined Rep. Greg Casar’s letter demanding an independent investigation and called for the violence to end. Her statements about Garces Perez’s detention and medical condition are attributed to her and are not treated as independently verified by this source.
- Author
- Judy Chu
- Published
- Accessed
Original post
Sen. Alex Padilla calls for an independent investigation of the Garces Perez shooting
Excerpt
"ICE can’t keep shooting people in our communities without any consequences."
About this source
In a direct post, Sen. Alex Padilla called for an independent and transparent investigation into the shooting of Wilber Rafael Garces Perez and said it should not have happened.
- Author
- Alex Padilla
- Published
- Accessed
Original post
Rep. Joaquin Castro Instagram update on Wilber Rafael Garcés Pérez’s medical condition
Relevant passage: Verified @joaquincastrotx reel caption, beginning “Update on the condition of Wilber Rafael Garcés Pérez”
Excerpt
"He’s being taken to the hospital. He is in tremendous pain."
About this source
In a verified public Instagram reel, Rep. Joaquin Castro said Garcés Pérez was being taken to a hospital from the South Texas ICE Processing Center, had a bullet still inside his left side, and could not move the left side of his body. The post is Castro’s account of Pérez’s reported condition; it is not an independent medical-provider or DHS confirmation.
- Author
- Joaquin Castro
- Published
- Accessed
Reporting
Texas Tribune reports Wilber Garcés Pérez’s phone account after Austin ICE shooting
Relevant passage: Opening paragraphs describing the press conference, especially the paragraphs beginning “Garces Perez, who called into the news conference,” and “The Department of Homeland Security did not immediately respond.”
Excerpt
"I’m not doing very well. I have not received the medical attention that I require."
About this source
The Texas Tribune reports Garcés Pérez’s September 21 telephone remarks from ICE detention and says the Department of Homeland Security did not immediately respond to a request for comment on his shooting account and medical-care complaint.
- Author
- Uriel J. García, Alex Nguyen and Zach Leggio
- Published
- Accessed
Reporting
Univision reports Wilber Garcés Pérez’s phone account from ICE detention
Relevant passage: Paragraphs beginning “Desde un centro de procesamiento…,” “Estoy un poco mal…,” “Un día antes…,” and section “De la cama del hospital al piso de un centro de detención.”
Excerpt
"Estoy un poco mal, tengo la bala ahí adentro todavía."
About this source
Univision reports a September 21 telephone statement by Wilber Garcés Pérez from ICE detention. It attributes to him an account of his medical care and the moments before the shooting; the report does not independently establish those allegations.
- Author
- N+ Univision
- Published
- Accessed
Official statement
Rep. Joaquin Castro: “The Austin ICE shooting of Wilber Rafael Garces Perez”
Relevant passage: Opening description beneath the embedded video.
Excerpt
"Under Trump, ICE has become rogue, lawless, and deadly."
About this source
An official House page hosting Castro’s video about the Austin shooting of Wilber Rafael Garces Perez. The page says Castro is calling for an independent investigation, immediate medical care, and for Perez to remain in Texas; it also contains Castro’s attributed account of Perez’s detention and medical treatment. Embedded video: https://www.youtube.com/watch?v=DhFBycT6Ups.
- Author
- Rep. Joaquin Castro
- Published
- Accessed
Official statement
ICE brought gunfire to Austin. It owes the public answers (Austin American-Statesman editorial)
Relevant passage: Full editorial
Excerpt
"DHS offered no account of why he was shot. That is not transparency. It is an effort to frame Garces Perez before providing the public with the facts."
About this source
The Austin American-Statesman's editorial. It reports that DHS's first public acknowledgment came about 11 hours after the shooting, that Mayor Kirk Watson said he was 'extremely unhappy,' and that attorney Kate Lincoln-Goldfinch disputed DHS's account of Garces Perez's immigration status.
- Author
- Austin American-Statesman Editorial Board
- Published
- Accessed
Reporting
Mi Familia Vota Demands Independent Investigation Into Austin ICE Shooting (Texas Border Business)
Relevant passage: Paragraphs quoting Mi Familia Vota President and CEO Hector Sanchez Barba
Excerpt
"What happened in Austin demands answers."
About this source
Texas Border Business's report carrying a statement from Mi Familia Vota's president and CEO Hector Sanchez Barba responding to the shooting of Wilber Rafael Garces Perez.
- Author
- Texas Border Business
- Published
- Accessed
Reporting
Anna Paulina Luna Reacts To ICE Shooting Of Venezuelan National (The Floridian)
Relevant passage: Section "Rep. Luna Says She Will Ensure There Is Oversight," quoting her Fox News interview
Excerpt
"we just don't know enough facts to really determine what really happened right here."
About this source
The Floridian's report, which also embeds Luna's X post and reports that she made these further remarks in a Fox News interview.
- Author
- The Floridian
- Published
- Accessed
Original post
Post by Anna Paulina Luna (@RepLuna) on X, September 21, 2026
Excerpt
"This unfortunate situation was completely avoidable."
About this source
Luna's post on her official X account (@RepLuna). The post is timestamped 12:43:58 UTC.
- Author
- Anna Paulina Luna (@RepLuna)
- Published
- Accessed
Original post
Post by Henry Cuellar (@RepCuellar) on X, September 20, 2026
Excerpt
"There needs to be a thorough and independent investigation into this incident."
About this source
Cuellar's post on his official X account (@RepCuellar), linking a New York Times report. The post is timestamped 22:56:00 UTC.
- Author
- Henry Cuellar (@RepCuellar)
- Published
- Accessed
Original post
Post by Jasmine Crockett (@RepJasmine) on X, September 21, 2026
Excerpt
"This rogue agency continues to show no regard for human life, shooting people in the middle of the street and getting away with it."
About this source
Crockett's post on her official X account (@RepJasmine). The post is timestamped 00:53:14 UTC. We did not save an archive copy of the post.
- Author
- Jasmine Crockett (@RepJasmine)
- Published
- Accessed
Reporting
Man shot by ICE agents in Austin gives phone interview during press conference
Relevant passage: Paragraph beginning “Davis and Austin Mayor Kirk Watson said”
Excerpt
"APD’s Special Investigations Unit and the Texas Rangers will take part in the shooting investigation."
About this source
Local report on a September 21 press conference and Chief Lisa Davis's video statement. It reports that the Austin Police Department’s Special Investigations Unit and the Texas Rangers will take part in the investigation, and that Davis asked witnesses to provide evidence.
- Published
- Accessed
Official statement
Gina Hinojosa statement calling for medical attention for Wilber Rafael Garces Perez
Relevant passage: Full statement
Excerpt
"Right now, a man is being held with a bullet lodged in his body at a federal facility in Pearsall, Texas. He needs urgent medical attention."
About this source
Campaign statement from Texas House member Gina Hinojosa about Garces Perez's reported detention after the Austin shooting. It calls for urgent medical attention and criticizes the reported handling by ICE; it does not itself establish the medical or detention facts.
- Published
- Accessed
Original post
Austin Police Chief Lisa Davis video message about the September 20 ICE incident
Excerpt
"Message from Chief Davis regarding Sunday, Sept. 20th ICE Incident"
About this source
Official video statement from the Austin Police Department about the September 20, 2026 ICE shooting incident. The department's linked video addresses the ongoing investigation and requests public cooperation.
- Published
- Accessed
Archived source
Docket in Garces Perez v. Thompson, No. 5:26-cv-06038 (W.D. Tex.)
Relevant passage: Docket entries 1 and 2, entered September 21, 2026
Excerpt
"Petition for Writ of Habeas Corpus ... filed by Wilber Rafael Garces Perez; MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION ORDERING RELEASE AND A STAY OF REMOVAL PENDING FINAL JUDGMENT."
About this source
Public docket mirror for Garces Perez v. Thompson, No. 5:26-cv-06038 in the Western District of Texas. It records the filing of a habeas petition and an emergency motion seeking release and a stay of removal; the underlying filings are not publicly available in the mirror, so this source does not establish their factual allegations or merits.
- Accessed
Official statement
RELEASE: Congressman Casar Demands Immediate, Independent Investigation Into ICE Shooting in Austin
Relevant passage: Press release text
About this source
Casar's press release announcing the September 20, 2026 letter to DHS and ICE. Published 7:23 p.m. Eastern on September 20.
- Published
- Accessed
Reporting
ICE shooting rocks Austin as Democrat demands bodycam video, independent probe
Relevant passage: Paragraphs on Rep. Chip Roy and on authorities not disclosing that the man fired a weapon
About this source
Fox News report, syndicated on Yahoo, that describes Rep. Roy's post and notes that authorities had not publicly disclosed information indicating the man fired a weapon.
- Published
- Accessed
Original post
Rep. Chip Roy's post on X about the Austin shooting
Excerpt
"We were told the shooter is a foreign national, an illegal alien from Venezuela with a final order of removal."
About this source
Rep. Roy's post on X, which quotes another user's post about Rep. Casar's remarks. The post calls the Venezuelan man “the shooter”; his own attribution is “We were told.”
- Published
- Accessed
Original post
Kate Lincoln-Goldfinch's post on X about the man's status
Excerpt
"Wilber entered legally and has a valid work permit."
About this source
The man's attorney's post on X, in which she states his entry and work-permit status and calls for his release. The post is no longer available on X; the Internet Archive holds a copy that shows its full text. An Austin PBS Austin InSight segment aired September 24, 2026, which introduces her, carries the same account: that he entered through CBP One in 2024 and had a work permit.
- Published
- Accessed
(opens in a new tab)Kate Lincoln-Goldfinch's X post of Sept. 21, 2026, no longer on X, as saved by the Internet Archive.
Original post
Mayor Kirk Watson's post on X on the ICE shooting in Austin
Excerpt
"there needs to be an investigation that APD assures is clear-eyed, as complete as possible, and independent"
About this source
Mayor Watson's own post on X, the same statement he posted to Facebook the day of the shooting.
- Published
- Accessed
Reporting
Who Is Wilber Rafael Garces Perez? DoorDash Worker Shot by ICE in Austin
Relevant passage: Paragraphs quoting the attorney's X posts and DHS's statement
About this source
Newsweek report quoting the attorney's posts on X and the DHS spokesperson's statement.
- Published
- Accessed
Reporting
Live updates: Attorney says man shot by ICE mistook unmarked vehicle for another driver
Relevant passage: Entries for 12:48 p.m. and 1:45 p.m. on September 21
About this source
Austin American-Statesman live coverage of Monday's news conference with Rep. Doggett, Rep. Casar, LULAC and the man's attorney.
- Author
- Austin American-Statesman
- Published
- Accessed
Reporting
ICE officer shoots Venezuelan man delivering food in Austin, lawyer says
Relevant passage: Full article: DHS statement; senior administration official; Casar letter
About this source
NBC News report on DHS's statement, the attorney's account, and a senior administration official's statement that the man had no criminal history beyond being in the country illegally.
- Published
- Accessed
Reporting
ICE agent shoots and wounds man in Austin, Texas, sparking demands for full investigation
Relevant passage: Full article: investigation lead; attorney quotes; Watson remarks
About this source
CBS News/AP report noting that HSI will lead the investigation with FBI assistance and quoting Mayor Watson on ICE's credibility to investigate.
- Published
- Accessed
Reporting
Man shot by ICE moved from hospital to detention center 'with a bullet in his back,' lawyer tells CNN
Relevant passage: Full article: dispute over legal status; LULAC statement; attorney interview
About this source
CNN report on the shooting, DHS's statement, the attorney's account, local officials' calls for an independent investigation, and LULAC's statement.
- Published
- Accessed
Reporting
Austin officials condemn ICE shooting of Venezuelan man, call for independent investigation
Relevant passage: Paragraphs quoting Mayor Watson on ICE's credibility, the Travis County District Attorney statement, and Rep. Doggett
About this source
Local report quoting Mayor Watson's news conference remarks and the District Attorney's statement. It notes the DHS post did not name the man.
- Published
- Accessed
Reporting
ICE shooting in North Austin: Texas leaders react
Relevant passage: Statements section: Travis County District Attorney, Mayor Watson, Rep. Casar
About this source
Roundup that reproduces the full text of statements from Mayor Watson, the Travis County District Attorney, Rep. Casar and others on the day of the shooting.
- Author
- FOX 7 Austin
- Published
- Accessed
Original post
Mayor Kirk Watson's Facebook statement on the ICE shooting in Austin
Relevant passage: Post text
Excerpt
"there needs to be an investigation that APD assures is clear-eyed, as complete as possible, and independent"
About this source
Mayor Watson's own statement posted the day of the shooting. The public page shows only the opening lines without sign-in; the full text is reproduced verbatim in FOX 7 Austin's roundup of official reactions.
- Published
- Accessed
Official statement
Doggett Reacts to Today's ICE Shooting in the District He Represents in Austin
Relevant passage: Full statement
About this source
Rep. Lloyd Doggett's written statement on the day of the shooting.
- Published
- Accessed
Original video
FOX 7 Austin broadcast of the September 21 news conference on the Austin ICE shooting (Casar remarks)
Rep. Greg Casar speaks about an ICE shooting in Austin at a news conference, in FOX 7 Austin video, Sept. 21, 2026.
Excerpt from 6:10 to 6:40 of the FOX 7 Austin video. Taken from FOX 7 Austin's own video page. The FOX 7 Austin YouTube upload cited for this source shows the same video. DI added its logo in the corner.
Video: FOX 7 Austin. Excerpt used for news reporting and commentary
Watch the full original video (opens in a new tab) (relevant passage: Rep. Greg Casar remarks, 06:22-07:05 (on-screen label: Representative Greg Casar, D, Texas, District 35))
About this source
Live FOX 7 Austin broadcast of the Monday news conference held with LULAC leaders and Rep. Lloyd Doggett. Speaker identified by the on-screen label and the host's introduction.
- Author
- FOX 7 Austin
- Published
- Accessed
Original video
FOX 7 Austin broadcast of the September 21 news conference on the Austin ICE shooting (Doggett remarks)
Rep. Lloyd Doggett speaks about an ICE shooting in Austin at a news conference, in FOX 7 Austin video, Sept. 21, 2026.
Excerpt from 0:27 to 0:47 of the FOX 7 Austin video. Taken from FOX 7 Austin's own video page. The FOX 7 Austin YouTube upload cited for this source shows the same video. DI added its logo in the corner.
Video: FOX 7 Austin. Excerpt used for news reporting and commentary
Watch the full original video (opens in a new tab) (relevant passage: Rep. Lloyd Doggett remarks, 00:27-00:47 (on-screen label: Representative Lloyd Doggett, D, Texas, District 37))
Excerpt
"clearly ICE has no credibility anymore"
About this source
Live FOX 7 Austin broadcast of the Monday news conference held with LULAC leaders and Rep. Greg Casar. The broadcast begins during Doggett's remarks. Speaker identified by the on-screen label and the host's introductions.
- Author
- FOX 7 Austin
- Published
- Accessed
Official statement
Letter from Rep. Greg Casar to DHS Secretary Markwayne Mullin and Acting ICE Director David Venturella
Relevant passage: Page 2, paragraph beginning "ICE and Customs and Border Protection (CBP) agents have shot"
Excerpt
"any narrative from DHS regarding this shooting must be viewed with deep skepticism"
About this source
Casar's September 20, 2026 letter demanding an independent investigation of the Austin shooting, release of footage, and a congressional briefing by September 28.
- Published
- Accessed
Optional assessment
The claim
Any DHS narrative about the Austin shooting must be viewed with deep skepticism, and an independent investigation of the shooting must be conducted.
Review the excerpt
Homeland Security Investigations, with the assistance of the Federal Bureau of Investigation, is leading the investigation
Location in the source: Post text
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Cite this record
- Publisher
- The Dispute Index
- Title
- Should DHS lead the investigation of the ICE shooting of a delivery driver in Austin?
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/dhs-led-investigation-ice-shooting-delivery-driver-austin
The Dispute Index. "Should DHS lead the investigation of the ICE shooting of a delivery driver in Austin?". First published: 2026-09-21. Last updated: 2026-10-06. https://disputeindex.com/cases/dhs-led-investigation-ice-shooting-delivery-driver-austin