AUSTIN, Texas — Federal prosecutors have lodged assault charges against a Venezuelan national who was shot in the back by an Immigration and Customs Enforcement officer during a traffic stop in Austin, according to court documents unsealed this week.
The defendant, Wilber Rafael Garces Perez, was identified by ICE officers as someone subject to a final order of removal. The affidavit states that officers pulled him over as he was leaving a restaurant. During the stop, the officers identified themselves as immigration agents and requested his Texas driver’s license, which he handed over. After confirming his identity, they ordered him out of the vehicle.
In a statement to investigators, Garces Perez said he asked to move his car to a different spot because he expected to be detained and wanted his wife to be able to retrieve it. He then acknowledged disobeying the officers’ commands and fleeing the scene. As he drove away, the affidavit alleges, he struck one officer in the torso with the driver’s side mirror.
What followed was a brief high-speed pursuit through a commercial and residential area. An ICE officer standing outside the vehicle—who was not wearing a body camera—claimed Garces Perez tried to run him down and fired his pistol into the rear window, striking Garces Perez in the back.
After being treated at a hospital, Garces Perez was transferred to an immigration detention facility, where he remains with the bullet still lodged in his back. The Department of Homeland Security announced it would lead an investigation into the officer-involved shooting, noting that Garces Perez had a final order of removal for unlawfully entering the country during the Biden administration.
The shooting ignited protests in Austin, a city with a sizable Hispanic population. It also adds to a growing list of controversial ICE shootings. Earlier this year, two U.S. citizens—Renee Good and Alex Pretti—were fatally shot by ICE officers in Minnesota. In July, fatal shootings involving ICE personnel in Houston and Maine further inflamed tensions over President Trump’s immigration enforcement push.
Critics argue the incidents reflect a pattern of excessive force, while supporters of the administration say agents face dangerous situations daily. The case against Garces Perez is proceeding in federal court, even as questions mount about the officer’s decision to fire into a moving vehicle.
The broader political context includes Trump’s unilateral spending cuts and widespread federal workforce reductions, both of which have intensified scrutiny of federal law enforcement. Meanwhile, rising threats against federal judges underscore the volatile climate surrounding immigration enforcement and the justice system.
ICE has not commented on the pending charges against Garces Perez or the status of its internal review. The officer who fired the shot remains on administrative leave, according to standard procedure.
