Should ICE's use of force in the shooting of Wilber Rafael Garces Perez be condemned or condoned?
An ICE officer shot and wounded Wilber Rafael Garces Perez, a Venezuelan DoorDash driver, in Austin on September 20. He says he was shot while trying to pull over; DHS has not explained why the officer fired. The dispute is whether the shooting was justified.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
The fixed reference point for classification in this case is whether the ICE officer's use of deadly force against Garces Perez during the September 20 stop was justified. It is a different question from, and should not be conflated with, whether DHS or an independent body should lead the investigation into the shooting — that separate procedural dispute is tracked on its own case, 'Should DHS lead the investigation of the ICE shooting of a delivery driver in Austin?'
Garces Perez's account, reported in detail by the Texas Tribune, is that an unmarked SUV sideswiped his car twice before he understood the pursuing vehicle belonged to ICE, that he did a U-turn under a freeway overpass, asked an agent if he could stop somewhere safer, was refused, and was then shot in the back. Initial reporting cited by Reuters described a brief foot pursuit, an important discrepancy with his account that remains unresolved. As of September 22, no public account from the shooting officer or DHS has described what conduct or threat immediately preceded the shot, and DHS's public statements have addressed his immigration status rather than the use-of-force question itself. His attorney, Kate Lincoln-Goldfinch, says he entered the United States lawfully through the CBP One process in 2024, applied for asylum, and held a work permit, and that he was ordered removed only after a hearing notice was sent to an old address; DHS says he was subject to a final removal order. Those competing accounts concern his immigration history and do not by themselves resolve whether the shooting was justified.
No condone-classified statement has yet been identified: DHS has confirmed the shooting occurred and described Garces Perez's immigration status, but has not publicly articulated the threat or conduct that is said to have justified firing.
People in this case
Kate Lincoln-GoldfinchCommented
Timeline
3 timeline entries on this page. Dates: September 20, 2026 to September 21, 2026
September 2026
3 events
ICE officer shoots and wounds Garces Perez in North Austin
Incident
An ICE officer shot and wounded Wilber Rafael Garces Perez during an immigration enforcement operation in North Austin. He was taken to Dell Seton Medical Center in serious but stable condition. Austin police were not participating in the immigration operation.
[01]Texas Tribune: Garces Perez says he tried to pull over before ICE shot him
Source excerpt
He asked officers if he could stop somewhere safer than in traffic under the freeway; he said an agent refused, and then he felt one shot to his back.
The Texas Tribune's detailed account of Garces Perez's version of events: an unmarked SUV sideswiped him twice before he realized it was ICE; he did a U-turn under a freeway; he asked to stop somewhere safer than under the freeway and was refused; he was then shot. It also reports his immigration history (CBP One entry in 2024, asylum application, work permit, a missed hearing after notice went to an old address) and that hospital staff would not remove the bullet because it was too close to his spine.
Texas Tribune: Garces Perez says he tried to pull over before ICE shot himParagraphs describing Garces Perez's account of the pursuit and shooting, his attorney Kate Lincoln-Goldfinch's remarks, his immigration history, and his medical condition.Garces Perez describes the pursuit and shooting from ICE custody
Reaction
Speaking by phone at a news conference, Garces Perez said an unmarked SUV struck his vehicle twice before he realized his pursuers were ICE officers, that he asked an agent if he could stop somewhere safer than under a freeway overpass, and that he was shot after the agent refused. He said a bullet remains near his spine and that he has not received the medical attention he needs.
[01]Texas Tribune: Garces Perez says he tried to pull over before ICE shot him
Source excerpt
He asked officers if he could stop somewhere safer than in traffic under the freeway; he said an agent refused, and then he felt one shot to his back.
The Texas Tribune's detailed account of Garces Perez's version of events: an unmarked SUV sideswiped him twice before he realized it was ICE; he did a U-turn under a freeway; he asked to stop somewhere safer than under the freeway and was refused; he was then shot. It also reports his immigration history (CBP One entry in 2024, asylum application, work permit, a missed hearing after notice went to an old address) and that hospital staff would not remove the bullet because it was too close to his spine.
Texas Tribune: Garces Perez says he tried to pull over before ICE shot himParagraphs describing Garces Perez's account of the pursuit and shooting, his attorney Kate Lincoln-Goldfinch's remarks, his immigration history, and his medical condition.[02]NBC News: Garces Perez says he's in pain and still has the bullet in his back
Source excerpt
I am demanding, and Congress is making very clear to the head of ICE and to Secretary Mullin, that Wilber Garces needs to be released to medical care and should not be in Pearsall. He needs to be released right now.
NBC News reports Garces Perez's account (shot near the clavicle, has not received needed medical attention), Rep. Greg Casar's demand that he be released from the Pearsall detention facility for medical care, and a senior administration official's statement that Garces Perez had no criminal history beyond being in the country illegally.
NBC News: Garces Perez says he's in pain and still has the bullet in his backParagraphs quoting Rep. Greg Casar's demand for Garces Perez's release to medical care and a senior administration official's comment on his criminal history.ACLU of Texas calls the shooting unjustified and demands an independent investigation
Reaction
ACLU of Texas published a statement saying the shooting "should never have happened," calling for a full, transparent and independent investigation, and demanding Garces Perez's release from immigration detention so he can receive adequate medical care.
[03]ACLU of Texas statement on the ICE shooting of Wilber Rafael Garcés Perez
Source excerpt
This should never have happened in the first place. Wilber and his loved ones deserve answers and accountability.
ACLU of Texas's official press-release statement, published September 21, 2026, calling the shooting unjustified, demanding a full, transparent and independent investigation, and calling for Garces Perez's release from immigration detention so he can receive adequate medical care.
ACLU of Texas statement on the ICE shooting of Wilber Rafael Garcés Perez · ACLU of TexasFull text of the organizational statement.
Response record
Responses
Latest recorded positions: 3. Dates: September 21, 2026
Choose one response filter, or select All responses to see the full record.
3 responses on this page
ACLU of TexasDirectly involved "This should never have happened in the first place. Wilber and his loved ones deserve answers and accountability."
Read the official statement (opens in a new tab)ACLU of Texas statement on the ICE shooting of Wilber Rafael Garcés Perez · ACLU of TexasFull text of the organizational statement.CondemnedCase context: Should ICE's use of force in the shooting of Wilber Rafael Garces Perez be condemned or condoned?
Why this label?
The case's fixed reference point is whether the officer's use of force was justified. ACLU of Texas directly states the shooting should not have happened, which condemns the conduct under scrutiny rather than addressing only the separate question of who should investigate it.
This label describes the statement’s response within the context above.
Read context and background
ACLU of Texas said in a statement that the shooting should never have happened and that Garces Perez and his loved ones deserve answers and accountability, calling for a full, transparent and independent investigation and for his release from detention to receive medical care.
Role at the time: Civil-rights organization, in an official press statement
Before the statement
The statement followed Garces Perez's own account of the shooting and calls from Austin officials and members of Congress for an independent investigation.
After the statement
The statement did not identify specific evidence beyond Garces Perez's own account and did not address DHS's characterization of his immigration status.
ACLU of Texas statement on the ICE shooting of Wilber Rafael Garcés Perez · ACLU of TexasFull text of the organizational statement.
Kate Lincoln-Goldfinch"Even if he did have a final order of removal, he did not deserve to be shot in the back of the neck."
Open source (opens in a new tab)NewsNation: Austin ICE officer had no right to shoot Wilber Garces Perez, attorney saysParagraph quoting Kate Lincoln-Goldfinch on NewsNation Prime.CondemnedCase context: Should ICE's use of force in the shooting of Wilber Rafael Garces Perez be condemned or condoned?
Why this label?
The case's fixed reference point is whether the officer's use of force against Garces Perez was justified. Lincoln-Goldfinch directly says the shooting was not justified regardless of his immigration status, separating that question from his removal order rather than disputing only how the incident has been characterized.
This label describes the statement’s response within the context above.
Read context and background
Kate Lincoln-Goldfinch, Garces Perez's attorney, said on "NewsNation Prime" that regardless of his immigration status, he did not deserve to be shot.
Role at the time: Garces Perez's immigration attorney, speaking on NewsNation Prime
Before the statement
The statement followed DHS's public description of Garces Perez as having a final removal order.
After the statement
DHS has not publicly responded to this specific characterization of the shooting as unjustified.
NewsNation: Austin ICE officer had no right to shoot Wilber Garces Perez, attorney saysParagraph quoting Kate Lincoln-Goldfinch on NewsNation Prime.Wilber Rafael Garces PerezDirectly involved "He asked officers if he could stop somewhere safer than in traffic under the freeway; he said an agent refused, then he felt one shot to his back."
Open source (opens in a new tab)Texas Tribune: Garces Perez says he tried to pull over before ICE shot himParagraphs describing Garces Perez's account of the pursuit and shooting, his attorney Kate Lincoln-Goldfinch's remarks, his immigration history, and his medical condition.Open source (opens in a new tab)NBC News: Garces Perez says he's in pain and still has the bullet in his backParagraphs quoting Rep. Greg Casar's demand for Garces Perez's release to medical care and a senior administration official's comment on his criminal history.CondemnedCase context: Should ICE's use of force in the shooting of Wilber Rafael Garces Perez be condemned or condoned?
Why this label?
The case's fixed reference point is whether the officer's use of deadly force against Garces Perez was justified. His account describes attempting to find a safe place to stop, being refused, and then being shot without describing any threatening conduct on his part. This directly disputes that the shooting was justified, rather than merely disputing how it has been characterized by others.
This label describes the statement’s response within the context above.
Read context and background
Garces Perez, speaking by phone at a news conference from ICE custody, said an unmarked SUV struck his car twice before he realized his pursuers were immigration officers, that he asked an agent if he could stop somewhere safer than under a freeway overpass, and that he was shot in the back after the agent refused.
Role at the time: Person shot by the ICE officer, speaking by phone from immigration custody
Before the statement
The shooting occurred September 20 during an ICE enforcement operation; Garces Perez was transferred into federal immigration custody after hospital treatment.
After the statement
As of September 22, no public account from the shooting officer or DHS has described what conduct or threat is said to have immediately preceded the shot.
Texas Tribune: Garces Perez says he tried to pull over before ICE shot himParagraphs describing Garces Perez's account of the pursuit and shooting, his attorney Kate Lincoln-Goldfinch's remarks, his immigration history, and his medical condition.NBC News: Garces Perez says he's in pain and still has the bullet in his backParagraphs quoting Rep. Greg Casar's demand for Garces Perez's release to medical care and a senior administration official's comment on his criminal history.
Sources
(4)
Reporting
Texas Tribune: Garces Perez says he tried to pull over before ICE shot him
Relevant passage: Paragraphs describing Garces Perez's account of the pursuit and shooting, his attorney Kate Lincoln-Goldfinch's remarks, his immigration history, and his medical condition.
Excerpt
"He asked officers if he could stop somewhere safer than in traffic under the freeway; he said an agent refused, and then he felt one shot to his back."
About this source
The Texas Tribune's detailed account of Garces Perez's version of events: an unmarked SUV sideswiped him twice before he realized it was ICE; he did a U-turn under a freeway; he asked to stop somewhere safer than under the freeway and was refused; he was then shot. It also reports his immigration history (CBP One entry in 2024, asylum application, work permit, a missed hearing after notice went to an old address) and that hospital staff would not remove the bullet because it was too close to his spine.
- Author
- Uriel J. Garcia, Alex Nguyen, Zach Leggio, Laura Duclos
- Published
- Accessed
Reporting
NewsNation: Austin ICE officer had no right to shoot Wilber Garces Perez, attorney says
Relevant passage: Paragraph quoting Kate Lincoln-Goldfinch on NewsNation Prime.
Excerpt
"Even if he did have a final order of removal, he did not deserve to be shot in the back of the neck."
About this source
NewsNation reports Kate Lincoln-Goldfinch, Garces Perez's attorney, saying on "NewsNation Prime" that regardless of his immigration status, the shooting was not justified.
- Published
- Accessed
Reporting
NBC News: Garces Perez says he's in pain and still has the bullet in his back
Relevant passage: Paragraphs quoting Rep. Greg Casar's demand for Garces Perez's release to medical care and a senior administration official's comment on his criminal history.
Excerpt
"I am demanding, and Congress is making very clear to the head of ICE and to Secretary Mullin, that Wilber Garces needs to be released to medical care and should not be in Pearsall. He needs to be released right now."
About this source
NBC News reports Garces Perez's account (shot near the clavicle, has not received needed medical attention), Rep. Greg Casar's demand that he be released from the Pearsall detention facility for medical care, and a senior administration official's statement that Garces Perez had no criminal history beyond being in the country illegally.
- Author
- Daniella Silva, Ryan Chandler
- Published
- Accessed
Official statement
ACLU of Texas statement on the ICE shooting of Wilber Rafael Garcés Perez
Relevant passage: Full text of the organizational statement.
Excerpt
"This should never have happened in the first place. Wilber and his loved ones deserve answers and accountability."
About this source
ACLU of Texas's official press-release statement, published September 21, 2026, calling the shooting unjustified, demanding a full, transparent and independent investigation, and calling for Garces Perez's release from immigration detention so he can receive adequate medical care.
- Published
- Accessed