Wilber Rafael Garces Perez, 28, is in ICE custody at the South Texas ICE Processing Center in Pearsall with a bullet still near his spine after an ICE agent shot him Sunday during a North Austin encounter, his attorney and the man himself said Monday.
Austin-Travis County EMS said the shooting happened about 12:56 p.m. near Anderson Square and Research Boulevard. Paramedics found a man with a gunshot wound to the torso and took him to Dell Seton Medical Center in serious but stable condition. Austin police were not involved. Chief Lisa Davis said she had been told there was a brief foot pursuit; that account is disputed.
Kate Lincoln-Goldfinch, an Austin immigration attorney, said Garces Perez was making a DoorDash delivery when an unmarked vehicle sideswiped him. He told a Monday news conference by phone that he did a U-turn, was sideswiped again, then was shot in the back through a window after asking to stop somewhere safer. He said doctors would not remove the bullet because it was too close to his spine, that he was transferred out of the hospital about 4:30 p.m. Sunday, arrived at Pearsall about 4 a.m. Monday, slept without a bed and had not received pain medication. CNN reported the attorney later said he had lost movement on his left side.
Homeland Security Investigations, with the assistance of the Federal Bureau of Investigation, is leading the investigation into the officer involved shooting of an illegal alien from Venezuela, who illegally entered our country under the Biden administration and had a final order…
— Homeland Security (@DHSgov) September 21, 2026
The Department of Homeland Security said Homeland Security Investigations, with FBI help, is leading the investigation. In a statement, DHS said Garces Perez “illegally entered” the country and had a final order of removal, that his condition was stable and that he was in federal custody pending removal. The Texas Tribune reported his attorneys say he entered in 2024 through the CBP One program, sought asylum and missed a hearing after a notice went to an old address, producing an in-absentia removal order. They say he has no criminal record. CBS News said sources told the network the officer was placed on administrative leave, standard during an investigation.
Mayor Kirk Watson and the Travis County district attorney have asked for Austin police and local prosecutors to have a role. The attorney said she is seeking court orders to block his removal while the shooting is investigated. Protests formed at the scene Sunday.
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