The 28-year-old was hospitalized in serious but stable condition before his attorney said he was released into federal immigration custody.
AUSTIN, TX — A U.S. Immigration and Customs Enforcement officer shot and wounded a 28-year-old Venezuelan man during an immigration operation in North Austin on Sunday, prompting an investigation and calls from local officials for greater transparency.
Wilber Rafael Garces Perez was shot in the torso shortly before 1 p.m. Sept. 20 and taken to a hospital in serious but stable condition, according to local officials and his attorney. Austin Police Chief Lisa Davis said preliminary information indicated the shooting occurred during or after a brief foot pursuit. Austin police officers were not involved in the federal operation or the shooting.
Garces Perez was later released from the hospital into what his attorney, Kate Lincoln-Goldfinch, said she believed was ICE custody. Reuters reported that he had been transferred into federal custody after receiving medical treatment. His condition after leaving the hospital was not immediately detailed publicly.
The circumstances leading to the shooting remained under investigation Monday. The Texas Department of Public Safety said ICE requested help with a vehicle pursuit at about 12:50 p.m., but state troopers arrived after the shooting had already occurred. Local reports placed the scene near Research Boulevard and Anderson Square in North Austin, where a damaged blue Toyota Corolla was seen after the incident.
Federal and local accounts had not yet established a complete public chronology of the encounter. Davis said Sunday that Austin police had limited information from federal authorities in the hours after the shooting. She said the department’s special investigations unit went to the scene and was communicating with federal investigators.
Questions also remained about Garces Perez’s immigration history. The Department of Homeland Security said he was subject to a final order of removal after entering the United States illegally, Reuters reported. Lincoln-Goldfinch disputed parts of the government’s account and said he had entered the country legally. In a separate interview with The Associated Press, however, she said she did not know his current immigration status. No court record resolving those competing accounts was immediately cited publicly.
Austin Mayor Kirk Watson called for city police to have a role in reviewing the shooting, saying independent involvement could provide greater public confidence in the investigation. He said Sunday that Austin residents deserved clear information about what happened. U.S. Rep. Greg Casar, whose district includes parts of Austin, also called for transparency and federal cooperation with local investigators.
The shooting drew protesters to the North Austin scene Sunday afternoon as police and federal personnel remained in the area. Authorities did not immediately identify the ICE officer who fired the shot. Officials also had not publicly released body-camera footage or a detailed federal account explaining what prompted the officer to use a firearm.
The case comes amid expanded immigration enforcement operations across the country and increased scrutiny of shootings involving federal immigration officers. In July, an ICE officer fatally shot Lorenzo Salgado Araujo in Houston during a separate encounter. Investigations into that shooting have continued, according to Texas news reports.
The FBI and federal immigration authorities are involved in the Austin investigation, while local officials have sought participation by Austin police and state investigators. As of Monday, authorities had not publicly announced criminal charges stemming from the encounter or released a complete account of the events immediately before the shooting.
Author note: Last updated September 21, 2026.