Judge Orders Venezuelan Man Shot by ICE to Stay Detained Amid Investigation
Federal judge ordered Wilber Garces Perez to remain detained amid investigation into his shooting by ICE.
Why it matters: This case highlights critical legal issues around immigration enforcement, detainee health, and procedural fairness that legal professionals should monitor, especially as investigations affect federal immigration litigation and policy implementation.
- Wilber Rafael Garces Perez was shot by an ICE agent on September 20, 2026, during an attempted arrest in Austin, Texas.
- Garces Perez faces federal charges including assaulting a federal officer, carrying up to 20 years in prison if convicted.
- A federal judge denied bond, citing flight risk, and ordered Garces Perez to remain in custody pending trial.
- Garces Perez suffers from a bullet lodged in his back, causing pain and limited mobility, and has not yet received surgery.
On September 20, 2026, Wilber Rafael Garces Perez, a 28-year-old Venezuelan delivery driver, was shot by an Immigration and Customs Enforcement (ICE) agent during an arrest attempt in Austin, Texas. Garces Perez was federally charged with assaulting, resisting, interfering with, and impeding a federal officer. If convicted, he faces up to 20 years in prison, according to court documents.
A federal judge reviewed the case and denied Garces Perez's request for bond, concluding that he poses a flight risk. The judge ordered that he remain detained pending his trial, impacting his legal strategy and rights during the proceedings. This ruling was reported by The New York Times.
Garces Perez entered the U.S. legally in 2024 through the CBP One application program, with an active asylum claim and valid work permit. A deportation order was subsequently issued after a hearing notice was sent to an incorrect address, according to the U.S. Citizenship and Immigration Services. At the time of his detention, he had a bullet lodged in his back that is causing ongoing pain and mobility issues. Medical records indicate he has not yet undergone surgery to remove the bullet.
The ICE agent involved was not wearing a body camera, and no video footage of the incident exists, complicating the investigation. Following the shooting, local protests occurred in Austin, expressing concerns about immigration enforcement practices. Legal representatives including Garces Perez's attorney, Kate Lincoln-Goldfinch, have filed a federal lawsuit focusing on his treatment and the circumstances of his arrest. Coverage of the lawsuit has appeared in The Texas Tribune.
Meanwhile, Congressional lawmakers have called on the Department of Homeland Security to refrain from deporting Garces Perez during the federal investigation to ensure due process is preserved. This case adds to ongoing scrutiny of ICE detention standards and enforcement methods, occurring alongside recent legal actions challenging ICE detention facility conditions in other jurisdictions.
By the numbers:
- 20 years — maximum prison sentence Garces Perez faces if convicted
- September 20, 2026 — date of ICE shooting incident
- 28 years — age of Wilber Garces Perez at the time of arrest
What's next: Garces Perez's trial preparation continues as federal investigations into the shooting proceed; pending legal challenges may influence ICE detention policies.