A Venezuelan delivery driver who was shot by a federal immigration agent in Austin, Texas, is facing a federal charge of assaulting, resisting and impeding a federal officer.
Wilber Rafael Garces Perez, 28, appeared in federal court on Sept. 29 after prosecutors accused him of striking an ICE officer with the side mirror of his car while attempting to drive away from an immigration stop on Sept. 20. If convicted, he could face up to 20 years in prison.
According to a federal complaint, immigration officers had identified Garces Perez’s vehicle and discovered that he was subject to a final removal order. They approached him while he was making a DoorDash delivery and asked him to leave the vehicle.
Court documents say Garces Perez initially handed over his driver’s license through a partially opened window and asked officers to wait until his wife could arrive to collect the car. The complaint describes the interaction as initially calm before Garces Perez allegedly closed the window and drove away, striking an officer in the torso with the vehicle’s side mirror.
The officer who was allegedly struck pursued Garces Perez and later said that the driver attempted to drive toward him. The officer then fired at Garces Perez, striking him in the back.
However, Garces Perez has disputed the government’s account. According to the affidavit, he told investigators that a law-enforcement SUV struck his vehicle during the pursuit, causing his car to spin, before an officer opened fire.
The circumstances surrounding the shooting remain contested. The officer who fired the weapon was not wearing a body camera, while the second officer involved had a camera that did not capture the shooting itself. Publicly released footage shows Garces Perez after he had been shot but does not show the moments leading up to the gunfire.
Garces Perez’s attorney has said that a bullet remains lodged in his back and that he also suffered a fractured clavicle. His legal team has raised concerns about his medical treatment, while the Department of Homeland Security has said he is receiving adequate care.
Garces Perez entered the United States in 2024 through the CBP One programme and had been seeking asylum. His attorney has said he had a valid work permit and missed an immigration court hearing because the notice was sent to an old address. Those claims are part of separate immigration proceedings.
The federal criminal case is separate from Garces Perez’s immigration proceedings. He is scheduled to appear before an immigration judge to address whether he can remain in the United States while his legal challenges continue.
The case has drawn attention amid intensified immigration enforcement under the Trump administration and renewed debate over encounters between federal immigration officers and migrants.
