Federal prosecutors in Texas have charged Wilber Rafael Garcés Pérez, a 28-year-old Venezuelan national, and his father with assaulting, resisting, and obstructing a federal agent. The charges stem from an incident on September 20, when ICE agents struck Garcés Pérez's car and shot him in the back without warning as he was reversing into a parking spot. Garcés Pérez had entered the US in 2024 with a valid work permit to seek asylum and support his son in Venezuela, who requires costly physical therapy due to mobility issues.
Garcés Pérez's lawyer, Kate Lincoln-Goldfinch, stated that a judge issued a deportation order after Garcés Pérez missed an immigration court hearing due to a notice being sent to an old address. On September 30, a judge ruled that Garcés Pérez would remain detained due to a "flight risk" and probable cause to pursue the criminal case. Garcés Pérez was working as a delivery driver for DoorDash in North Austin when ICE agents checked his license plate and began following him. He called his wife around 12:30 pm to inform her that he had been shot.
Toast Lopez, a community member who was walking home in the same area, reported hearing gunshots and running to see if anyone needed help. He witnessed Garcés Pérez being taken out of the car and an ICE agent pointing a gun at him. Lopez stated that the community immediately stopped and protested, as Garcés Pérez was a local resident. The incident sparked widespread outrage, with protests continuing in Austin since the initial demonstration on September 20, where at least six people were arrested.
Garcés Pérez was taken to Dell Seton Medical Center, where his wife and lawyer were not allowed to see him, before being returned to ICE custody. According to court documents, he was forced to sleep on a concrete floor in a temporary ICE processing center and later transported to a second hospital after complaining of losing sensation in his left side. The bullet remains lodged in his spine. Lincoln-Goldfinch reported that after Garcés Pérez spoke at a press conference, detention center guards took away his tablet, revoked his communication privileges, and moved him to an isolated room.
The community has continued to organize, with groups such as Dare To Struggle Austin and Austin Sanctuary Network providing resources and support to concerned community members. Emilio Verdooren, an organizer with Dare To Struggle, described seeing agents in plainclothes surveilling the community and waiting to detain individuals. Vladimir Herrera, another member, noted that ICE presence was at its peak in July, with many community members being detained.
The Texas Department of Public Safety (DPS) has increased its immigration enforcement efforts since 2021, under the Operation Lone Star initiative, which has spent over $11 billion on border control and wall construction. The state has also adopted one of the most aggressive immigration laws in the US, allowing police to arrest and deport undocumented individuals crossing the Texas-Mexico border.
Garcés Pérez was brought to the federal courthouse in Austin in a wheelchair for his criminal hearing, where bodycam footage was reviewed. The video showed an officer calling DPS and turning off his camera. The community continues to demand Garcés Pérez's release and proper medical care.
Key points
- Federal prosecutors charge Wilber Rafael Garcés Pérez with assaulting a federal agent after ICE shooting
- Community members report increased ICE presence and surveillance in North Austin
- Garcés Pérez faces deportation and criminal charges amid ongoing protests and community support
