Garces Perez says he was shot while trying to comply

Wilber Rafael Garces PerezPerson shot by the ICE officer, speaking by phone from immigration custody

Condemned

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.

“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.”

Reporting

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.

Reporting

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.

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Reporters and advocates gather at the Austin press conference where Wilber Rafael Garces Perez spoke by phone from ICE detention.
Credit: Leila Saidane for The Texas Tribune

Where this statement fits

Should ICE's use of force in the shooting of Wilber Rafael Garces Perez be condemned or condoned?

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.

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Source and context

Reporting

Texas Tribune: Garces Perez says he tried to pull over before ICE shot him (opens in a new tab)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.

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.

Reporting

NBC News: Garces Perez says he's in pain and still has the bullet in his back (opens in a new tab)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.

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.

Before the quotation

The shooting occurred September 20 during an ICE enforcement operation; Garces Perez was transferred into federal immigration custody after hospital treatment.

After the quotation

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.

How this statement is classified

Condemned

The label describes this statement's response within the context above.

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.

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People and groups discussed
U.S. Immigration and Customs Enforcement

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The Dispute Index
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Garces Perez says he was shot while trying to comply
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The Dispute Index. "Garces Perez says he was shot while trying to comply". First published: 2026-09-22. Last updated: 2026-09-22. https://disputeindex.com/events/1397-garces-perez-speaking-by-phone-at-a-news