A Venezuelan man with a final order of removal was shot during an Immigration and Customs Enforcement pursuit in Austin, Texas, on September 20, 2026. The shooting left Wilber Rafael Garces Perez hospitalized in serious but stable condition and prompted protests and calls for an independent investigation. Civil rights advocates are urging authorities not to deport him, arguing that he is a central witness to the officers’ use of force. Federal officials said he remains in custody pending removal.
Accounts of the encounter differ, with Garces Perez’s attorney alleging that agents used excessive force and federal officials describing the incident as part of a law enforcement operation. Local and national debate has focused on the shooting, the man’s medical treatment, and whether his immigration status should affect his role in the investigation.
| 1) | The Austin pursuit and shooting |
|---|---|
| 2) | Conflicting accounts of the encounter |
| 3) | Medical treatment and federal custody |
| 4) | Deportation dispute and accountability demands |
| 5) | What happens next in the investigation |
The Austin pursuit and shooting
The incident occurred in Austin on Sunday, September 20, during an ICE traffic stop and pursuit. Garces Perez, a Venezuelan national, was shot and wounded by an agent and taken to a local trauma center. His condition was reported as serious but stable. The shooting became public through video footage and quickly led to protests in Austin, while local officials called for an independent review of the officers’ actions.
The Department of Homeland Security said Garces Perez was shot during a law enforcement operation. The agency also confirmed that he had entered the United States illegally under the Biden administration and had a final order of removal.
Conflicting accounts of the encounter
Kate Lincoln-Goldfinch, who represents Garces Perez and his wife, said he was working as a DoorDash driver when an unmarked black truck sideswiped his vehicle. She said he did not know the truck was operated by ICE and made a U-turn under a highway as agents continued to pursue him.
According to Lincoln-Goldfinch, the truck struck his vehicle again before agents exited and shot him in the back of the neck. She disputed accounts attributed to federal officials and argued that the shooting was unjustified. No independent finding on the competing accounts had been announced in the provided information.
“Wilber is a victim of the shooting and the most important witness to it. You do not deport the key witness to your own officers’ use of force,” said Juan Peruano, chief executive of the League of United Latin American Citizens.
Medical treatment and federal custody
Lincoln-Goldfinch also raised concerns about Garces Perez’s treatment after he was wounded. She alleged that a bullet remained lodged in his back for hours, that he did not receive adequate pain medication, and that he was later transferred to an ICE processing center without a bed.
Federal officials said Garces Perez’s condition was stable and that he was in federal custody pending removal. The available account does not include a detailed public response from ICE addressing each of the medical-care allegations. Those claims, along with the circumstances of the shooting, remain issues for investigators and medical authorities to examine.
Deportation dispute and accountability demands
LULAC called for Garces Perez not to be deported, saying his testimony could be essential to determining whether officers used lawful force. The organization made the request on Monday after the shooting, as demonstrations and demands for an independent investigation continued in Austin.
Representative Lloyd Doggett supported calls for outside oversight and questioned the credibility of federal immigration agencies. He said an independent structure was needed to establish accountability. Lincoln-Goldfinch separately called for an end to ICE traffic stops, alleging that officers were excessively armed, insufficiently trained, and unsafe in their handling of vehicle encounters.
What happens next in the investigation
The central questions include why the pursuit began, whether Garces Perez understood that the vehicle involved was operated by ICE, what led agents to fire, and whether the force used complied with policy and law. Investigators may also examine video footage, vehicle damage, witness accounts, officer reports, and medical records.
Garces Perez’s immigration case now overlaps with the use-of-force inquiry. Advocates want him available to provide evidence before any removal occurs, while DHS has stated that he remains subject to deportation under the final order. The outcome may depend on independent findings about the shooting and on decisions by federal immigration authorities regarding his custody and testimony.
| Number | Key Point |
|---|---|
| 1 | Garces Perez was shot during an ICE pursuit in Austin and remains in serious but stable condition. |
| 2 | His attorney alleges excessive force and inadequate medical care, while federal officials describe the incident as a law enforcement operation. |
| 3 | Civil rights advocates want him protected from deportation so he can serve as a witness in the use-of-force investigation. |
Summary
The Austin shooting has created a dispute over both the conduct of ICE officers and the government’s plans to deport Garces Perez. Advocates say removing him could undermine the investigation because he was directly involved in the encounter. Federal authorities maintain that he has a final removal order and remains in custody. Independent review of the shooting, medical treatment, and competing accounts will be central to resolving the controversy.
Frequently Asked Questions
Who was shot in Austin?
Wilber Rafael Garces Perez, a Venezuelan national, was shot during an ICE pursuit in Austin on September 20, 2026.
What is the dispute over his deportation?
LULAC and his attorney want authorities to delay deportation because they consider him a key witness to the shooting and the officers’ use of force.
What did federal officials say?
DHS said Garces Perez was shot during a law enforcement operation, that his condition was stable, and that he was in federal custody pending removal. The agency also said he had a final order of removal.
What are advocates alleging?
His attorney alleges that agents used excessive force and that he did not receive sufficient medical care after being wounded. Those claims have not been resolved by an independent investigation in the provided information.