Venezuelan Asylum Seeker Charged With Assault After ICE Encounter and Shooting in Austin

Federal prosecutors charged 28-year-old Venezuelan Wilber Rafael Garces Perez with assaulting, resisting and impeding a federal officer after an ICE encounter in Austin on Sept. 20; if convicted, he could face up to 20 years in prison. Prosecutors allege he drove away from a stop, struck an officer with his side-view mirror and later tried to hit an officer with his car, prompting the officer to shoot him; Garces Perez told investigators an ICE SUV hit his car before he was shot. The officer who fired was not wearing a body camera, another agent’s camera was turned off during the pursuit, and released footage does not show the shooting. Garces Perez remains in ICE detention with the bullet reportedly still in his back; his lawyer and supporters say he needs urgent medical care, while DHS says he is receiving adequate care. His lawyer says he entered the United States as an asylum seeker with a valid work permit and missed an immigration hearing because notice went to an old address; DHS says an immigration judge had issued a final removal order.
Garces Perez was working as a DoorDash driver when he was stopped during the law-enforcement operation.
The complaint says Garces Perez provided his driver’s license and spoke with an officer in Spanish about moving and parking his car; it describes their conversational tone as “pleasant and not aggressive” before he allegedly abruptly closed the window and drove away about a minute later.
The shooting was the second ICE-related shooting in a Texas city in recent months: the Houston shooting of Lorenzo Salgado Araujo in July was fatal.
Garces Perez entered the United States through CBP One, a program that let migrants schedule appointments with U.S. authorities to be considered for asylum; President Donald Trump ended the program on his first day in office.
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