Wilber Rafael Garces Perez, a Venezuelan man shot in the back by a US Immigration and Customs Enforcement (ICE) officer during a traffic stop in Austin, Texas, now faces a federal charge of assaulting a federal officer.
The incident happened on 20 September when ICE officers stopped Garces Perez’s blue Toyota sedan. According to a Justice Department affidavit, the stop followed confirmation through a database that the vehicle was registered to Garces Perez, who had a final order of removal from the US. The affidavit includes video footage from an officer’s body camera.
The accounts of what happened next conflict sharply. Garces Perez told authorities that a law enforcement SUV abruptly forced a collision with his car during the stop. He said he knew he would be arrested and declined to exit the vehicle when asked. As he attempted to drive away, his car’s side-view mirror struck an ICE officer in the torso. The federal agents deny any contact before the driver tried to leave.
The affidavit alleges Garces Perez “led them on a high-speed chase through a commercial and residential area.” The pursuit ended after an ICE SUV rammed his car, causing it to spin. At that point, according to the affidavit, an officer fired a pistol into the back right window of the vehicle, hitting Garces Perez in the upper back.
Garces Perez’s lawyers say the bullet remains lodged in his upper back and that he is in “grave danger.” The Department of Homeland Security said last week he has received “some of the best medical care he’s ever received in his life.” A judge temporarily blocked his deportation last week.
Garces Perez appeared in court on Tuesday to face one count of assaulting, resisting, and impeding a federal officer. If convicted, he could face up to 20 years in prison. His lawyers said they only learned about the court appearance after it had happened.
The Justice Department described the shooting as a response to Garces Perez’s attempt to strike the officer with his car. The affidavit states the officer fired after being hit by the side-view mirror.
Garces Perez entered the United States in 2024 through CBP One, an asylum-seeker program introduced during President Joe Biden’s administration and later cancelled by former President Donald Trump.
The case raises questions about the use of force by immigration agents and the treatment of people facing deportation. It reflects ongoing tensions around immigration enforcement in Texas, where ICE carries out many operations.
Garces Perez’s lawyers have not publicly commented beyond the court filings. The federal authorities have not released additional details about the officer involved or the investigation into the shooting.
The incident continues to unfold amid nationwide debates over immigration policy and law enforcement accountability.
According to Joy Online.
