Venezuelan man shot by ICE agent in Austin scheduled for preliminary detention hearing Wednesday

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AUSTIN, Texas – A significant incident involving immigration enforcement has unfolded in Austin, where Wilber Rafael Garces Perez, a 28-year-old Venezuelan man, was shot in the back by an Immigration and Customs Enforcement (ICE) officer. The incident has raised serious questions about immigration practices and the treatment of individuals within the U.S. legal system.

Garces Perez is scheduled for a preliminary detention hearing on Wednesday, following his charge on Tuesday with one count of assaulting, resisting, and impeding a federal officer. If convicted, he could face a maximum sentence of 20 years in federal prison.

The charges originate from a traffic stop that occurred on September 20th in north Austin. According to the criminal complaint, ICE officers were attempting to detain Garces Perez after receiving confirmation that an immigration judge had issued a final order of removal against him. The complaint indicates that Garces Perez failed to comply with orders to park his vehicle and exit, leading him to drive away and allegedly strike an ICE officer with his vehicle.

Following the attempted detention, ICE officers pursued Garces Perez through various neighborhoods. The situation escalated when he allegedly attempted to strike another officer with his vehicle, prompting that officer to fire his weapon. Garces Perez sustained a gunshot wound and was subsequently hospitalized; his attorney has reported that the bullet remains lodged in his back, causing ongoing medical complications even after his transfer to ICE custody.

Prior to this incident, Garces Perez was working as a DoorDash driver and had entered the United States through a parole program while seeking asylum. His legal team asserts that he has no prior criminal history and disputes the account provided by the officers, claiming he attempted to pull over before being shot.

The upcoming preliminary detention hearing will determine whether Garces Perez will remain in custody as his criminal case progresses. This case highlights the complex and often contentious nature of immigration enforcement in the United States, raising critical discussions surrounding the treatment of asylum seekers and the use of force by federal officers.

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