Should ICE's use of force in the shooting of Wilber Rafael Garces Perez be condemned or condoned?
An ICE officer shot Wilber Rafael Garces Perez, a Venezuelan DoorDash driver, in Austin on September 20. He says he was trying to pull over; prosecutors, who charged him with assaulting an officer, say he drove off. The dispute is whether the shooting was justified.
BackgroundWhen can federal immigration agents use deadly force?
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
On September 20, 2026, an ICE officer shot and wounded Wilber Rafael Garces Perez, a 28-year-old Venezuelan national working as a DoorDash driver, during an immigration enforcement operation in North Austin, Texas. He was taken to Dell Seton Medical Center in serious but stable condition and later transferred into ICE custody. Garces Perez says an unmarked SUV struck his vehicle before he realized the people pursuing him were immigration 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. On September 29, federal prosecutors charged him with assaulting and resisting a federal officer. In a sworn affidavit, they say he refused commands to get out of his car and drove off, hitting an officer with his side mirror, and that after a brief chase one officer says Garces Perez tried to hit him with the car, and the officer fired. DHS has confirmed the shooting and said Garces Perez was subject to a final removal order. The dispute is whether the use of force against him was justified.
Background: When can federal immigration agents use deadly force?
Read the full background
This case classifies responses to 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. His attorney, Kate Lincoln-Goldfinch, says he was pulling over to a safer place, not fleeing.
The criminal complaint filed September 29 gives a different sequence. According to the Texas Tribune's reading of the sworn affidavit, ICE officers pulled him over because of a final removal order, he asked to park elsewhere, then disregarded commands to get out and drove away, hitting an officer with his side mirror. After a brief vehicle chase, one officer says Garces Perez tried to strike him with the car, and the officer, standing outside it, fired into the car. The Tribune reports that the officers and Garces Perez give conflicting accounts of when emergency lights were activated and whether the officers struck his vehicle. The documents say the officer who fired was not wearing a body camera.
Austin police released dash-camera video on September 23 showing two ICE agents speaking with Garces Perez at his car window 10 to 15 minutes before the shooting, about 300 feet away. Police Chief Lisa Davis said a vehicle pursuit followed. The video released publicly shows neither the pursuit nor the shooting.
Garces Perez faces up to 20 years in prison if convicted. Rochelle Garza of the Texas Civil Rights Project, part of his legal team, said the timing of the charge was intended to thwart his release, and a habeas hearing in San Antonio was canceled after it. The U.S. Attorney's Office declined to comment beyond its press release. 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.
The U.S. Attorney's Office for the Western District of Texas is the one source we have recorded so far that defends or excuses the shooting. In its September 29 release it gives the criminal complaint's account of why the officer fired, and ICE referred questions about the charges to the Justice Department.
Timeline
17 timeline entries on this page. Dates: September 20, 2026 to October 7, 2026
September 2026
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.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.
[03]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”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.
[04]ACLU of Texas
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.Judge schedules an in-person hearing on Garcés Pérez’s habeas petition
Houston Public Media, CBS News, and BBC News reported that Judge Orlando Garcia ordered Wilber Rafael Garcés Pérez to attend an in-person September 30 hearing on his habeas petition challenging ICE custody. The reports say the order prevents removal before the hearing. It does not resolve what preceded the shooting or whether the use of force was justified.
[05]Houston Public Media reporting on Garcés Pérez’s federal hearing after the Austin ICE shooting
Source excerpt
A judge has set a hearing for Sept. 30 in San Antonio and ordered that Wilber must be present.
Houston Public Media reported that a judge set a September 30 hearing in San Antonio on Garcés Pérez’s federal case and ordered his presence. The report is used as attributed reporting of a procedural development; no underlying court order was available in this review.
Houston Public Media reporting on Garcés Pérez’s federal hearing after the Austin ICE shootingPassage stating that a judge set a September 30 San Antonio hearing and ordered Garcés Pérez to be present.[06]ICE officer who shot Austin delivery driver was not wearing a body camera, sources say
Source excerpt
U.S. District Court Judge Orlando Garcia ordered Garces Perez to attend an in-person hearing on the habeas claim next Wednesday, Sept. 30.
CBS News reported that Judge Orlando Garcia ordered Garcés Pérez to attend an in-person hearing on his habeas petition on September 30 and described the order as preventing deportation until then. The report is evidence of the reported procedural development, not a substitute for the court order.
ICE officer who shot Austin delivery driver was not wearing a body camera, sources sayParagraphs describing the September 30 in-person habeas hearing and the APD video releases.[07]US judge blocks deportation of DoorDash driver shot by ICE
Source excerpt
Since the judge ordered that her client appear in person on 30 September, he cannot be deported before then, she said.
BBC News reported that Judge Orlando Garcia scheduled an in-person hearing for Garcés Pérez and quoted his lawyer’s account that the order temporarily blocked deportation. The article independently corroborates the reported hearing; it does not replace the court order.
US judge blocks deportation of DoorDash driver shot by ICEOpening paragraphs and passage explaining the September 30 in-person hearing and temporary block.Austin Police release two videos from the September 20 ICE incident
Source release
Austin Police posted a 17-second off-duty dashcam video and a 2-minute, 9-second body-worn-camera video on September 22, each titled as footage from the September 20 ICE incident. The releases document what APD made public; they do not by themselves resolve the circumstances or justification of the shooting.
[08]Off-Duty Dashcam Video: Sept. 20, 2026 ICE Incident
Source excerpt
Off-Duty Dashcam Video - Sept. 20, 2026 ICE Incident
Austin Police publicly uploaded this 17-second video on September 22 under a title identifying it as off-duty dashcam footage from the September 20 ICE incident. The upload documents APD's evidence release; by itself it does not explain or resolve the shooting.
Off-Duty Dashcam Video: Sept. 20, 2026 ICE IncidentAustin Police YouTube upload; 17-second video, uploaded September 22.[09]Body-worn Camera Video: Sept. 20, 2026 ICE Incident
Source excerpt
We've got It looks like one gunshot wound so far.
Austin Police publicly uploaded this 2-minute, 9-second body-worn-camera video on September 22 under a title identifying it as footage from the September 20 ICE incident. The visible opening records the immediate response; the video does not by itself resolve the circumstances or justification of the shooting.
Body-worn Camera Video: Sept. 20, 2026 ICE IncidentAustin Police YouTube upload; 2:09 video, uploaded September 22; opening transcript.Casar leads a congressional demand for care and evidence after the Austin shooting
Reaction
Greg Casar led a September 22 congressional letter demanding medical care for Wilber Rafael Garces Perez and preservation of evidence from the shooting. The letter said ICE had provided no justification and asked officials to respond by September 28.
[10]Casar and congressional cosigners seek medical care for Garces Perez
The lawmakers' demand for care and evidence preservation.
Casar and congressional cosigners seek medical care for Garces PerezSeptember 22 congressional letter, page 2 paragraph beginning "ICE has provided no justification"; Greg Casar signature on page 3.Attorney says Garces Perez has lost movement on his left side
Reaction
CNN reported that attorney Kate Lincoln-Goldfinch told Erin Burnett that Wilber Rafael Garces Perez had lost movement on the entire left side of his body after the shooting. CNN also attributed to Lincoln-Goldfinch her account that he had been transferred to detention with a bullet lodged in his back. These are the attorney’s reported statements, not independently confirmed medical findings in this source.
[11]CNN video reports attorney’s new account of Garces Perez’s condition
Source excerpt
“He has lost movement on the entire left side of his body.”
CNN attributes the medical and transfer details in this short video to Garces Perez’s attorney, Kate Lincoln-Goldfinch. The report does not include a hospital statement or an official DHS account, so the details are recorded as her account rather than independently confirmed medical findings.
CNN video reports attorney’s new account of Garces Perez’s conditionLead and 0:00; CNN says attorney Kate Lincoln-Goldfinch told Erin Burnett that Garces Perez had lost movement on his entire left sideDHS describes Garces Perez as the subject of a "targeted vehicle stop"
Claim
In an official X post, DHS said that Garces Perez was the subject of a "targeted vehicle stop." The post records the department's characterization of the stop and his conduct. It does not identify the immediate conduct that prompted the officer to fire or independently establish that characterization.
[12]U.S. Department of Homeland Security
Source excerpt
This illegal alien was the subject of a targeted vehicle stop.
An official DHS social-media statement about the Austin shooting. It records the department’s characterization of the stop and Garcés Pérez’s conduct; it does not independently establish those assertions.
DHS (@DHSgov) X post in Austin ICE shooting thread, September 22, 2026 · U.S. Department of Homeland SecuritySeventh post in the DHSgov Austin ICE-shooting threadCasar requests medical release after visiting Garces Perez in detention
Reaction
Rep. Greg Casar's office said he visited Wilber Rafael Garces Perez in ICE custody and requested his release for medical care. The release attributes the account of his injuries, treatment, and detention conditions to Casar and Garces Perez; it does not independently resolve what justified the shooting.
[13]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.Federal judge denies bond and allows the Garces Perez charge to proceed
Magistrate Judge Dustin M. Howell denied bond after finding Garces Perez a flight risk and found probable cause for the federal officer-assault charge to proceed. Prosecutors presented body-camera footage from the initial stop and pursuit. Defense attorney Shane McMahon disputed whether the footage showed the car's mirror contacting an officer. The charge remains an allegation.
[14]Man shot by ICE in Austin will stay in custody, but will not return to detention center
KUT reports from the September 30 detention hearing before Magistrate Judge Dustin M. Howell. It describes the flight-risk ruling, presentation of body-camera footage and opposing arguments about alleged contact with an officer. Updated October 1. The criminal charge remains an allegation.
Man shot by ICE in Austin will stay in custody, but will not return to detention centerOpening hearing account; section 'Unreleased body-cam footage shown in court', especially Bazan's testimony and the prosecution and defense accounts of the side mirror.[15]Man shot by ICE officer to remain in custody, judge says criminal prosecution can continue
CBS Austin separately reports the September 30 federal detention hearing. It says the judge denied bond and found probable cause for the charge to proceed; it also reports the defense's dispute over whether footage showed contact with an officer. A probable-cause finding does not establish guilt.
Man shot by ICE officer to remain in custody, judge says criminal prosecution can continueSeptember 30 article, first eight substantive paragraphs describing Howell's ruling, Bazan's testimony, the body-camera presentation and McMahon's objection.
October 2026
Legal team says Garces Perez undergoes surgery to remove the bullet
Garces Perez's legal team and Rep. Joaquin Castro said he underwent surgery on October 1 to remove the bullet from his back and was recovering. Attorney Kate Lincoln-Goldfinch said he subsequently spoke with his wife. At an October 4 community forum, she said he was still recovering and remained in a county jail facility.
[16]Austin man has surgery 11 days after being shot by ICE agent
CBS Austin republishes The Texas Tribune's report. The article attributes the October 1 surgery and recovery to Rep. Joaquin Castro and Garces Perez's legal team, including Kate Lincoln-Goldfinch. It is the same underlying Tribune report, not independent corroboration of other republications.
Austin man has surgery 11 days after being shot by ICE agentFirst four substantive paragraphs: Thursday surgery, bullet removal, recovery and Kate Lincoln-Goldfinch's account of a conversation with Garces Perez's wife.[17]Community gathers in support of Wilber Garces Perez as he recovers, faces charges
CBS Austin covers an October 4 gathering of immigrant advocates, faith leaders and community members. Attorney Kate Lincoln-Goldfinch says Garces Perez is recovering from Thursday surgery, remains in a county jail facility and appreciates community support. The account supplies her update, not medical records or a resolution of the charge.
Community gathers in support of Wilber Garces Perez as he recovers, faces chargesOctober 4 article: opening account of the same-day forum and closing quotation from Kate Lincoln-Goldfinch about support and accountability.Garces Perez files notice to dismiss his habeas petition
The federal court docket records an October 1 notice of voluntary dismissal filed by Wilber Rafael Garces Perez in his habeas case, Garces Perez v. Thompson. It lists the civil case as terminated that day. This docket entry does not dismiss the separate criminal charge or decide whether the shooting was justified.
[18]Garces Perez v. Thompson: October 1 voluntary-dismissal notice
The reproduced court docket lists a notice of voluntary dismissal by Wilber Rafael Garces Perez, filed by Kristin Etter. The entry concerns his civil habeas petition. It does not record a dismissal of his separate criminal charge or a ruling on whether the shooting was justified. The full notice is not publicly available at this link.
Garces Perez v. Thompson: October 1 voluntary-dismissal noticeWestern District of Texas case 5:26-cv-06038, docket entry 13, filed and entered October 1, 2026; docket header Date Terminated October 1, 2026.Representatives announce body-camera oversight letter citing Garces Perez shooting
Source release
Chellie Pingree, Sylvia Garcia and Greg Casar announced a joint letter demanding DHS and ICE answers on body-camera deployment, training and missing footage. It cites the Garces Perez shooting and requests written answers by October 14. The linked letter is dated September 29; October 1 is the announcement date.
[19]Chellie Pingree
Pingree's office announces a joint oversight letter concerning the shootings of Johan Sebastian Duran Guerrero, Lorenzo Salgado Araujo and Wilber Rafael Garces Perez. The linked letter is dated September 29; the release is dated October 1 and supplies no clock time. The representatives' allegations and assessments are attributed statements.
Pingree, Garcia and Casar demand body-camera accountability after three ICE shootings · Chellie PingreeOctober 1, 2026 release; quoted statements by Pingree, Garcia and Casar; final paragraph setting October 14 response deadline.[20]Chellie Pingree
The letter requests camera, training and footage information from DHS and ICE. It is dated September 29, 2026 and was linked in an October 1 release. The document does not establish its transmission time or resolve the disputed shootings.
Garcia, Casar and Pingree letter requesting answers on ICE body cameras · Chellie PingreeThree-page letter; page 1 date and discussion of the three shootings; page 2 questions 1-7 and October 14 deadline; page 3 signatures.Community forum supports Garces Perez and calls for accountability
Reaction
Immigrant advocates, faith leaders and community members gathered on October 4 in support of Garces Perez. Attorney Kate Lincoln-Goldfinch discussed his recovery and said participants were considering how to support him and hold elected officials and ICE accountable. CBS Austin reported the gathering and her comments.
[17]Community gathers in support of Wilber Garces Perez as he recovers, faces charges
CBS Austin covers an October 4 gathering of immigrant advocates, faith leaders and community members. Attorney Kate Lincoln-Goldfinch says Garces Perez is recovering from Thursday surgery, remains in a county jail facility and appreciates community support. The account supplies her update, not medical records or a resolution of the charge.
Community gathers in support of Wilber Garces Perez as he recovers, faces chargesOctober 4 article: opening account of the same-day forum and closing quotation from Kate Lincoln-Goldfinch about support and accountability.Protesters rally outside Travis County Courthouse after the Garces Perez shooting
Reaction
Protesters gathered outside the Travis County Courthouse on Monday morning after the shooting of Wilber Garces Perez. CBS Austin reported that participants accused state authorities of targeting people who demonstrated after the shooting. Organizers read India Brookhouser's account of her arrest and detention, in which she questioned the speed of action against protesters compared with the shooting investigation.
[21]Protesters rally in Austin after ICE shooting, arrests tied to demonstrations
CBS Austin reports from a Monday morning rally outside the Travis County Courthouse after the shooting of Wilber Garces Perez. Participants accuse state authorities of targeting protesters; their accounts of arrests and detention are attributed to them.
Protesters rally in Austin after ICE shooting, arrests tied to demonstrationsOctober 5, 2026, 11:07 AM, updated 11:19 AM; courthouse photograph, lead and paragraphs on Emilia Figueroa and India BrookhouserAustin police say requested federal shooting evidence has not arrived
Austin police told the American-Statesman that DHS had not supplied requested reports, audio, video and other evidence for the local investigation of the Garces Perez shooting. The statement, supplied October 7 and reported October 8, says APD continued gathering information independently. DHS did not answer the outlet's request for comment. The report establishes the department's account of the missing material, rather than a finding about the shooting's legality.
[22]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
U.S. Department of Homeland Security
DHS said Wilber Rafael Garcés Pérez was the subject of a targeted vehicle stop and made a dangerous attempt to evade arrest.
Sources (1)
- DHS (@DHSgov) X post in Austin ICE shooting thread, September 22, 2026 · U.S. Department of Homeland SecuritySeventh post in the DHSgov Austin ICE-shooting thread
Response record
Responses
Choose one response filter, or select All responses to see the full record.
2 matching responses. Newest first.
ACLU of TexasCivil-rights organization, in an official press statementDirectly involvedBefore this 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.
"This should never have happened in the first place. Wilber and his loved ones deserve answers and accountability."
CondemnedCase context: Should ICE's use of force in the shooting of Wilber Rafael Garces Perez be condemned or condoned?
Full statement and sources
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.
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.Why this label?
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.
Wilber Rafael Garces PerezPerson shot by the ICE officer, speaking by phone from immigration custodyDirectly involved Before this statement
The shooting occurred September 20 during an ICE enforcement operation; Garces Perez was transferred into federal immigration custody after hospital treatment.
"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."
CondemnedCase context: Should ICE's use of force in the shooting of Wilber Rafael Garces Perez be condemned or condoned?
Full statement and sources
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.
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.Why this label?
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.
Sources
(39)
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
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
Original text
Casar and congressional cosigners seek medical care for Garces Perez
Relevant passage: September 22 congressional letter, page 2 paragraph beginning "ICE has provided no justification"; Greg Casar signature on page 3.
About this source
The lawmakers' demand for care and evidence preservation.
- Author
- Greg Casar and congressional cosigners
- Published
- Accessed
Original text
Garcia, Casar and Pingree letter requesting answers on ICE body cameras
Relevant passage: Three-page letter; page 1 date and discussion of the three shootings; page 2 questions 1-7 and October 14 deadline; page 3 signatures.
About this source
The letter requests camera, training and footage information from DHS and ICE. It is dated September 29, 2026 and was linked in an October 1 release. The document does not establish its transmission time or resolve the disputed shootings.
- Author
- Sylvia R. Garcia, Greg Casar and Chellie Pingree
- Published
- Accessed
Official statement
Pingree, Garcia and Casar demand body-camera accountability after three ICE shootings
Relevant passage: October 1, 2026 release; quoted statements by Pingree, Garcia and Casar; final paragraph setting October 14 response deadline.
About this source
Pingree's office announces a joint oversight letter concerning the shootings of Johan Sebastian Duran Guerrero, Lorenzo Salgado Araujo and Wilber Rafael Garces Perez. The linked letter is dated September 29; the release is dated October 1 and supplies no clock time. The representatives' allegations and assessments are attributed statements.
- Author
- Office of U.S. Representative Chellie Pingree
- Published
- Accessed
Original post
Kate Lincoln-Goldfinch says Garces Perez's care does not resolve accountability questions
Relevant passage: Caption of attorneygoldfinch's October 1 Instagram reel, opening sentence and closing paragraph; post timestamp October 2, 01:54:21 UTC.
About this source
Lincoln-Goldfinch discusses Garces Perez's surgery and criticizes ICE's enforcement power and oversight. She welcomes his medical care while saying it does not resolve what happened or the remaining questions. The caption states her assessment of his case.
- Author
- Kate Lincoln-Goldfinch
- Published
- Accessed
Reporting
Protesters rally in Austin after ICE shooting, arrests tied to demonstrations
Relevant passage: October 5, 2026, 11:07 AM, updated 11:19 AM; courthouse photograph, lead and paragraphs on Emilia Figueroa and India Brookhouser
About this source
CBS Austin reports from a Monday morning rally outside the Travis County Courthouse after the shooting of Wilber Garces Perez. Participants accuse state authorities of targeting protesters; their accounts of arrests and detention are attributed to them.
- Author
- Alexia Stanbridge and Tara Brolley
- Published
- Accessed
Original text
Garces Perez v. Thompson: October 1 voluntary-dismissal notice
Relevant passage: Western District of Texas case 5:26-cv-06038, docket entry 13, filed and entered October 1, 2026; docket header Date Terminated October 1, 2026.
About this source
The reproduced court docket lists a notice of voluntary dismissal by Wilber Rafael Garces Perez, filed by Kristin Etter. The entry concerns his civil habeas petition. It does not record a dismissal of his separate criminal charge or a ruling on whether the shooting was justified. The full notice is not publicly available at this link.
- Accessed
Interview
Community gathers in support of Wilber Garces Perez as he recovers, faces charges
Relevant passage: October 4 article: opening account of the same-day forum and closing quotation from Kate Lincoln-Goldfinch about support and accountability.
About this source
CBS Austin covers an October 4 gathering of immigrant advocates, faith leaders and community members. Attorney Kate Lincoln-Goldfinch says Garces Perez is recovering from Thursday surgery, remains in a county jail facility and appreciates community support. The account supplies her update, not medical records or a resolution of the charge.
- Author
- Brenna Gibbons
- Published
- Accessed
Reporting
Austin man has surgery 11 days after being shot by ICE agent
Relevant passage: First four substantive paragraphs: Thursday surgery, bullet removal, recovery and Kate Lincoln-Goldfinch's account of a conversation with Garces Perez's wife.
About this source
CBS Austin republishes The Texas Tribune's report. The article attributes the October 1 surgery and recovery to Rep. Joaquin Castro and Garces Perez's legal team, including Kate Lincoln-Goldfinch. It is the same underlying Tribune report, not independent corroboration of other republications.
- Author
- Zach Leggio, The Texas Tribune
- Published
- Accessed
Reporting
Man shot by ICE officer to remain in custody, judge says criminal prosecution can continue
Relevant passage: September 30 article, first eight substantive paragraphs describing Howell's ruling, Bazan's testimony, the body-camera presentation and McMahon's objection.
About this source
CBS Austin separately reports the September 30 federal detention hearing. It says the judge denied bond and found probable cause for the charge to proceed; it also reports the defense's dispute over whether footage showed contact with an officer. A probable-cause finding does not establish guilt.
- Author
- Andrew Lamparski
- Published
- Accessed
Reporting
Man shot by ICE in Austin will stay in custody, but will not return to detention center
Relevant passage: Opening hearing account; section 'Unreleased body-cam footage shown in court', especially Bazan's testimony and the prosecution and defense accounts of the side mirror.
About this source
KUT reports from the September 30 detention hearing before Magistrate Judge Dustin M. Howell. It describes the flight-risk ruling, presentation of body-camera footage and opposing arguments about alleged contact with an officer. Updated October 1. The criminal charge remains an allegation.
- Author
- Gabriel Velasquez Neira
- Published
- Accessed
Reporting
Federal prosecutors charge Venezuelan man shot in his car by ICE agent in Texas with assaulting an officer
Relevant passage: Opening paragraphs on the affidavit and the body-worn camera photos, and sections headed "Officer who fired wasn't wearing body camera" and "Conflicting accounts of lead-up to shooting"
Excerpt
"The unnamed officer who shot Garces Perez wasn't wearing a body camera."
About this source
Associated Press report, published September 29, 2026 and carried by PBS NewsHour, on the criminal complaint and affidavit against Garces Perez.
- Author
- Anna Wilder and Safiyah Riddle, Associated Press
- Published
- Accessed
Official statement
Illegal Alien from Venezuela Charged with Assaulting and Resisting a Federal Officer in Austin
Relevant passage: Third paragraph (from the sentence beginning "The complaint alleges and body camera footage shows") and fourth paragraph of the release, on the complaint's account of the stop and the pursuit
Excerpt
"the other ICE ERO officer caught up to Garces-Perez, who allegedly attempted to strike the officer with his car, causing the officer to fire his pistol."
About this source
Press release of the U.S. Attorney's Office for the Western District of Texas, dated September 29, 2026, announcing the federal charge against Wilber Rafael Garces-Perez.
- Published
- Accessed
Original text
The Austin ICE Shooting Demands Facts, Not Instant Judgments
Relevant passage: The last two paragraphs of the editorial, beginning 'We should not decide the Austin case through social media'
Excerpt
"We should not decide the Austin case through social media, political rhetoric, or incomplete reporting. We should allow investigators to determine what happened, release the facts as legally appropriate, and hold everyone involved to the same standard."
About this source
First-person editorial by the National President of the Federal Law Enforcement Officers Association, published on Law Enforcement Today on September 24, 2026. The site notes that opinions in the piece are not necessarily its own.
- Author
- Mathew Silverman
- Published
- Accessed
Official statement
CAIR and CAIR-Austin Condemn Austin ICE Shooting, Call for Independent Investigation, Accountability and ICE Reformation
Relevant passage: The block introduced by 'In a statement, Washington, D.C.-based CAIR said:', after the CAIR-Austin director's statement
Excerpt
"We call for a full, transparent, and independent investigation into this latest shooting, which is the foreseeable consequence of a White House’s nation-wide immigration raids that are reckless and militarized."
About this source
Press release from the Council on American-Islamic Relations and its Austin office, published September 23, 2026, three days after the shooting. It includes statements from CAIR-Austin's director and from the national organization.
- 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
Original post
Bluesky post by MoveOn, September 22, 2026
Relevant passage: Post ID 3mw4pgje7662l, posted September 22, 2026, 17:03 UTC
Excerpt
"There is no justification for ICE’s decision to shoot him. ICE has lost all credibility as an agency and must be held accountable for terrorizing our communities with violence and incompetence."
About this source
MoveOn's own post on its official Bluesky account (moveon.org). The post text was read through Bluesky's public API and matches the excerpt.
- Author
- MoveOn
- 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
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
Original post
DHS (@DHSgov) X post in Austin ICE shooting thread, September 22, 2026
Excerpt
"This illegal alien was the subject of a targeted vehicle stop."
About this source
An official DHS social-media statement about the Austin shooting. It records the department’s characterization of the stop and Garcés Pérez’s conduct; it does not independently establish those assertions.
- Author
- U.S. Department of Homeland Security
- Published
- Accessed
Reporting
US judge blocks deportation of DoorDash driver shot by ICE
Relevant passage: Opening paragraphs and passage explaining the September 30 in-person hearing and temporary block.
Excerpt
"Since the judge ordered that her client appear in person on 30 September, he cannot be deported before then, she said."
About this source
BBC News reported that Judge Orlando Garcia scheduled an in-person hearing for Garcés Pérez and quoted his lawyer’s account that the order temporarily blocked deportation. The article independently corroborates the reported hearing; it does not replace the court order.
- Author
- Nardine Saad
- Published
- Accessed
Reporting
ICE officer who shot Austin delivery driver was not wearing a body camera, sources say
Relevant passage: Paragraphs describing the September 30 in-person habeas hearing and the APD video releases.
Excerpt
"U.S. District Court Judge Orlando Garcia ordered Garces Perez to attend an in-person hearing on the habeas claim next Wednesday, Sept. 30."
About this source
CBS News reported that Judge Orlando Garcia ordered Garcés Pérez to attend an in-person hearing on his habeas petition on September 30 and described the order as preventing deportation until then. The report is evidence of the reported procedural development, not a substitute for the court order.
- Published
- Accessed
Reporting
Houston Public Media reporting on Garcés Pérez’s federal hearing after the Austin ICE shooting
Relevant passage: Passage stating that a judge set a September 30 San Antonio hearing and ordered Garcés Pérez to be present.
Excerpt
"A judge has set a hearing for Sept. 30 in San Antonio and ordered that Wilber must be present."
About this source
Houston Public Media reported that a judge set a September 30 hearing in San Antonio on Garcés Pérez’s federal case and ordered his presence. The report is used as attributed reporting of a procedural development; no underlying court order was available in this review.
- Published
- Accessed
Original video
Body-worn Camera Video: Sept. 20, 2026 ICE Incident
Body-worn camera video of the Sept. 20, 2026 ICE incident, released by the Austin Police Department on Sept. 22, 2026.
DI added its logo in the corner.
Video: Austin Police Department
Watch the full original video (opens in a new tab) (relevant passage: Austin Police YouTube upload; 2:09 video, uploaded September 22; opening transcript.)
Excerpt
"We've got It looks like one gunshot wound so far."
About this source
Austin Police publicly uploaded this 2-minute, 9-second body-worn-camera video on September 22 under a title identifying it as footage from the September 20 ICE incident. The visible opening records the immediate response; the video does not by itself resolve the circumstances or justification of the shooting.
- Author
- Austin Police
- Published
- Accessed
Original video
Off-Duty Dashcam Video: Sept. 20, 2026 ICE Incident
Off-duty officer dashcam video of the Sept. 20, 2026 ICE incident, released by the Austin Police Department on Sept. 22, 2026.
DI added its logo in the corner.
Video: Austin Police Department
Watch the full original video (opens in a new tab) (relevant passage: Austin Police YouTube upload; 17-second video, uploaded September 22.)
Excerpt
"Off-Duty Dashcam Video - Sept. 20, 2026 ICE Incident"
About this source
Austin Police publicly uploaded this 17-second video on September 22 under a title identifying it as off-duty dashcam footage from the September 20 ICE incident. The upload documents APD's evidence release; by itself it does not explain or resolve the shooting.
- Author
- Austin Police
- Published
- Accessed
Original post
James Talarico posts on Garces Perez's shooting and condition
Excerpt
"This isn't law enforcement. It's lawlessness."
About this source
James Talarico's own X post, quote-posting Kate Lincoln-Goldfinch's update on Garces Perez's condition, adding that he entered the country legally, has no criminal record, and calling the shooting lawlessness rather than law enforcement.
- Author
- James Talarico
- Published
- Accessed
Reporting
CNN video reports attorney’s new account of Garces Perez’s condition
Relevant passage: Lead and 0:00; CNN says attorney Kate Lincoln-Goldfinch told Erin Burnett that Garces Perez had lost movement on his entire left side
Excerpt
"“He has lost movement on the entire left side of his body.”"
About this source
CNN attributes the medical and transfer details in this short video to Garces Perez’s attorney, Kate Lincoln-Goldfinch. The report does not include a hospital statement or an official DHS account, so the details are recorded as her account rather than independently confirmed medical findings.
- Author
- Aria Chen / CNN
- 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. 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
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
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
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
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
Reporting
Man shot by ICE speaks out, says bullet is still in him
Relevant passage: Paragraphs quoting Mayor Kirk Watson
Excerpt
"With the rogue nature of ICE and the chaos we’re seeing fomented by ICE, there’s no reason to be surprised."
About this source
ABC News report on Garces Perez’s account, DHS’s limited statement and Austin Mayor Kirk Watson’s response to the shooting.
- Author
- Leah Sarnoff, Laura Romero, Luke Barr and Bill Hutchinson
- Published
- Accessed
Original text
Post by Rep. Ro Khanna (@rokhannausa) on Threads, September 22, 2026
Relevant passage: Complete post, viewed roughly 2 hours after posting
Excerpt
"ICE shot a DoorDash driver in the back in Austin. Instead of taking him to the hospital, they carted him off to a detention center with the bullet still in his back."
About this source
Khanna's post on his official Threads account (@rokhannausa), which matches the handle pattern of his verified Instagram, TikTok, and Facebook accounts. The post time is approximate rather than to the minute.
- Author
- Ro Khanna (@rokhannausa)
- 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
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Cite this record
- Publisher
- The Dispute Index
- Title
- Should ICE's use of force in the shooting of Wilber Rafael Garces Perez be condemned or condoned?
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/should-ice-s-use-of-force-in-the-shooting-of-wilber-rafael-garces-perez-be-condemned-or-condoned
The Dispute Index. "Should ICE's use of force in the shooting of Wilber Rafael Garces Perez be condemned or condoned?". First published: 2026-09-22. Last updated: 2026-10-06. https://disputeindex.com/cases/should-ice-s-use-of-force-in-the-shooting-of-wilber-rafael-garces-perez-be-condemned-or-condoned