Travis County DA's Office says state-law violations are possible in the Austin ICE shooting
Travis County District Attorney's OfficeCounty prosecutor's office, in an official press release
The Travis County District Attorney's Office said an ICE agent had shot a member of the community and that an independent investigation should be completed, with Austin police and the district attorney as co-equal partners. It said it was possible the incident included violations of state law.
“A member of our community was shot by an ICE agent this afternoon. 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. We further request cooperation from the federal government in giving us access to the evidence. As has occurred in other jurisdictions, it is possible that this incident included violations of state law.”
Official statement
Official statement
Reporting
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.
Source and context
Official statement
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.
Archived copy (opens in a new tab)Official statement
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.
Archived copy (opens in a new tab)Reporting
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.
Before the quotation
An ICE agent shot a man in North Austin on the afternoon of September 20, 2026, and the office issued its statement that day.
After the quotation
On September 22, the office sent a letter to DHS and ICE asking that removal proceedings against Wilber Rafael Garces Perez be halted while the investigation into his shooting continues. The office said his ability to take part as a material witness would be severely hindered if he were removed from the United States.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The case asks whether the ICE officer's use of force against Garces Perez was justified. The office did not call the shooting justified or unjustified. It said it was possible the incident included violations of state law and asked for an independent investigation and access to federal evidence, so its view rested on facts it said still needed to come to light. We labeled it Mixed or conditional.
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- People and groups discussed
- U.S. Immigration and Customs Enforcement
More from this case
Read the full caseKate Lincoln-Goldfinch criticizes ICE violence and medical care in the Garces Perez case
“This case really highlights the violence that we see with ICE on the streets and the bad medical care that people get in immigration detention.”Read statement
Lincoln-Goldfinch criticizes ICE oversight after Garces Perez's surgery
“His case demonstrates the dangers of giving an agency enormous resources and enforcement power without adequate oversight and accountability.”Read statement
Casar demands all footage from the Garces Perez shooting
“Secretary Mullin keeps making promises while his agents keep shooting people. Secretary Mullin must release every second of footage from that scene, so we can know the truth.”Read statement
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- Travis County DA's Office says state-law violations are possible in the Austin ICE shooting
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The Dispute Index. "Travis County DA's Office says state-law violations are possible in the Austin ICE shooting". First published: 2026-09-30. Last updated: 2026-09-30. https://disputeindex.com/events/3432-the-travis-county-district-attorney-s-office-said