The Austin man shot by an ICE officer earlier this month underwent surgery Thursday morning and is now in recovery, according to U.S. Rep. Joaquin Castro and a statement from the man’s legal team.
Wilber Rafael Garces Perez, a Venezuelan national working as a food delivery driver, was shot by an ICE officer in Austin on September 20, 2023. After being taken to a local hospital, he was released a few hours later and taken into ICE custody with the bullet remaining in his back for 11 days. Thursday’s surgery successfully removed the bullet, according to his legal team and wife.
Federal prosecutors announced a criminal charge of assaulting and resisting a federal officer against Garces Perez on Tuesday, and a federal judge ruled that he was a flight risk in a preliminary hearing on Wednesday, keeping him in federal custody. He appeared in a federal courtroom in a wheelchair with his left arm in a sling, highlighting the severity of his condition.
Once out of surgery, Garces Perez was able to speak to his wife, according to Kate Lincoln-Goldfinch, his lead attorney. U.S. Rep. Greg Casar noted that Garces Perez had seen a specialist who recommended surgery to remove the bullet after visiting him last Wednesday in a detention facility in Pearsall, Texas.
Garces Perez entered the U.S. through a port of entry in San Ysidro, California, in December 2022, and applied for asylum via the CBPOne app. Records show that he had received a removal order in August 2025, which Lincoln-Goldfinch said was sent to the wrong address. A motion to reconsider this order was denied in July 2026, and his work permit expired in December 2025, complicating his legal status.
The encounter with ICE officers began when they were running random license plates through a database that indicated Garces Perez had a final order of removal. The officers made a traffic stop, identified themselves as immigration authorities, and verified Garces Perez’s identity. Notably, one officer was wearing a body camera that captured part of the incident, while the officer who shot Garces Perez was not equipped with a camera.
After a brief conversation, Garces Perez fled the scene of the traffic stop. As he pulled away, his side-view mirror reportedly hit one of the officers in the torso, leading to the subsequent criminal charges. Following a short vehicle pursuit, the officer who was not wearing a body camera shot Garces Perez in the back, claiming that he attempted to hit him with his car.
In light of this incident, new internal guidelines issued to ICE’s Enforcement and Removal Operations division have mandated that officers refrain from engaging in high-speed chases and only make vehicle stops after completing specific training. A memo detailing these new regulations was obtained by The Associated Press and issued on the same day federal prosecutors presented the case in court. The guidelines emphasize the requirement for all officers at the scene to wear and activate body cameras and prohibit vehicle pursuits that do not comply with established protocols.
ICE agents had previously been ordered to pause vehicle stops following fatal shootings in Maine and Texas but resumed such operations after a directive from President Donald Trump via social media.
