Wilber Garces Perez: ICE Shooting Austin, Bullet Remains Near Spine

• Wilber Rafael Garces Perez was shot by an ICE agent in Austin on September 20, 2026, and is currently detained with a bullet lodged near his spine.
• His attorney, Kate Lincoln-Goldfinch, reports he is in pain, held in inadequate conditions, and has filed a federal habeas corpus petition for his medical care and release.
• Mr. Garces Perez claims ICE agents rammed his vehicle before shooting him, while DHS alleges he entered the U.S. illegally and is pending removal.
• Lincoln-Goldfinch disputes DHS's account, stating her client lawfully sought asylum in 2024 via the CBP One app and missed court due to an incorrectly addressed notice.
• Austin Mayor Kirk Watson and advocacy groups are demanding an independent investigation into the shooting, highlighting concerns about federal agent conduct and accountability.

The incident has ignited calls for an independent investigation into federal agent conduct and accountability, particularly given the conflicting accounts of the shooting and Mr. Garces Perez's immigration status.

Wilber Rafael Garces Perez, a 28-year-old Venezuelan national, was shot by a federal agent in Austin, Texas, on Sunday, September 20, 2026. The incident occurred after an SUV driven by Immigration and Customs Enforcement (ICE) agents reportedly approached his vehicle aggressively and rammed it while he was delivering for DoorDash. Mr. Garces Perez stated that he was shot after his car came to a stop.

Bystander video footage from the scene shows ICE agents and Austin police officers removing Mr. Garces Perez from a vehicle and cutting his shirt to reveal a bullet wound in his upper back. Austin Mayor Kirk Watson confirmed that the Austin Police Department (APD) was not involved in the shooting itself but responded to the location shortly thereafter. Mayor Watson has publicly expressed his desire for APD to be included in the ongoing investigation, which is currently being conducted by Homeland Security Investigations (HSI) with support from the FBI.

Following the shooting, Mr. Garces Perez was taken into ICE custody and is currently held at a detention center in Pearsall, Texas, located over 130 miles southwest of Austin. Speaking from the facility via phone on Monday, he informed his attorney, Kate Lincoln-Goldfinch, that a bullet remains lodged in his torso, close to his spine, causing him significant pain. He also reported being held in a very cold room without a bed.

Ms. Lincoln-Goldfinch confirmed that the bullet was not removed due to its proximity to his spine. She is actively working to secure his release from ICE custody to ensure he receives appropriate medical attention. A petition for habeas corpus has been filed in federal court on Mr. Garces Perez’s behalf, though the filing has not yet been made public. The Department of Homeland Security (DHS), which oversees ICE, has been contacted for comment regarding Mr. Garces Perez’s condition and expected medical treatment but has not yet responded.

The Department of Homeland Security has provided minimal details regarding Mr. Garces Perez. In a post on X on Sunday night, the department claimed he illegally entered the United States during the Biden administration and is currently pending removal. However, his attorney, Kate Lincoln-Goldfinch, disputes this account.

Ms. Lincoln-Goldfinch asserts that her client lawfully entered the country in 2024 using the CBP One app to seek asylum. She further explained that a removal order was issued against Mr. Garces Perez after he failed to appear in immigration court, a consequence she attributes to the court sending his notice to an incorrect address. Ms. Lincoln-Goldfinch noted that the court is known for frequently sending hearing notices to the wrong addresses.

The incident has sparked significant public concern and calls for accountability. During a news conference on Monday, attorney Kate Lincoln-Goldfinch was joined by leaders from the League of United Latin American Citizens (LULAC) and the NAACP, as well as Austin-area Democratic Representatives Lloyd Doggett and Greg Casar. Many speakers echoed Mayor Watson's demand for an independent investigation into the shooting and voiced profound distrust for ICE.

Representative Greg Casar strongly condemned the actions, stating that the federal government should not be allowed to shoot individuals and then remove them from the country to evade responsibility. He characterized such actions as deeply un-American. This event marks the third ICE-involved shooting in Texas, following previous fatal incidents involving Lorenzo Salgado.

This case highlights critical issues for immigration and civil rights attorneys regarding the right to adequate medical care for individuals in ICE detention, potential excessive force by federal agents, and procedural challenges in asylum cases like incorrect court notice delivery. Lawyers should monitor the habeas corpus petition and any subsequent litigation for precedents on detention conditions and agency accountability.

Source: Original reporting via Courthouse News Service