Lincoln-Goldfinch says he entered lawfully and has a valid work permit
Kate Lincoln-GoldfinchImmigration attorney for the man who was shot, in a post on X
In a post on X, the man's attorney wrote that he entered legally and has a valid work permit, disputing DHS's description of him as an illegal alien who illegally entered.
“Wilber entered legally and has a valid work permit.”
Original post
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Where this statement fits
Should DHS lead the investigation of the ICE shooting of a delivery driver in Austin?
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.
Source and context
Original post
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.
Archived copy (opens in a new tab)Reporting
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.
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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.
Archived copy (opens in a new tab)Reporting
About this source
Austin American-Statesman live coverage of Monday's news conference with Rep. Doggett, Rep. Casar, LULAC and the man's attorney.
Archived copy (opens in a new tab)Reporting
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.
Archived copy (opens in a new tab)Reporting
About this source
Newsweek report quoting the attorney's posts on X and the DHS spokesperson's statement.
Before the quotation
DHS had said the man illegally entered the country under the Biden administration and had a final order of removal. The attorney also told CNN he entered on an asylum claim and received a removal order in absentia after his court date changed without notice.
After the quotation
The post begins by addressing “Chip” and adds that he needs to be released from detention immediately. The attorney also said there was no foot chase and that the man did not know the officers were ICE until he was shot. NBC News reported that DHS did not immediately respond to a request for comment on her statements.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to DHS's account, the attorney disputes DHS's description of the man's entry and status. She does not speak to the investigation in this quotation, so the response is a challenge to the description. Closest competing label: condemns loses because this passage disputes a characterization rather than criticizing DHS's conduct.
- Recorded on
- Published here
- People and groups discussed
- U.S. Department of Homeland Security
More from this case
Read the full caseAustin Council Member Vanessa Fuentes says local law enforcement should join the ICE shooting investigation
“ICE cannot investigate itself, and so it’s important that we have our local law enforcement agency involved in that investigation”Read statement
Travis County DA Garza says the federal government has not shared evidence with Austin police on the ICE shooting
“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 To my knowledge, at this point, the federal government has not shared any evidence with the Austin Police Department, and importantly, has not responded to a request from the Austin Police Department to be able to participate in or be allowed to interview the ICE agent who discharged his weapon here in Travis County this past Sunday”Read statement
Castro calls for an independent investigation of the Austin ICE shooting
“There must be an independent investigation, and the ICE officers who shot Wilber in the back should be held accountable.”Read statement
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- Lincoln-Goldfinch says he entered lawfully and has a valid work permit
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The Dispute Index. "Lincoln-Goldfinch says he entered lawfully and has a valid work permit". First published: 2026-09-21. Last updated: 2026-09-26. https://disputeindex.com/events/1348-in-a-post-on-x-the-man-s