Feds Charge Austin Delivery Driver Shot by ICE with Assaulting Officer

Key points

• Federal prosecutors filed an eight-page affidavit alleging Garces Perez struck an ICE agent with his side-view mirror while driving away.
• The affidavit claims Garces Perez ignored orders to exit his vehicle and led agents on a high-speed chase through Austin.
• Garces Perez faces one count of assaulting, resisting, and impeding a federal officer.
• The shooting occurred on September 20 after agents identified a final order of removal on his license plate.
• A federal judge ordered Garces Perez to attend an in-person hearing on September 30, preventing his deportation until then.

Background

This incident follows a series of high-profile clashes between ICE agents and Venezuelan immigrants in 2026. In January, ICE agent Christian Castro was charged with assault and false statements after shooting Julio Cesar Sosa-Celis in Minneapolis. That case highlighted tensions over federal enforcement tactics and conflicting accounts of vehicle pursuits. The current case in Texas mirrors those dynamics, with disputes over whether the suspect was fleeing or attempting to park, and questions regarding the use of force by federal agents.

How outlets are covering it

CBS News and the Department of Homeland Security emphasize the criminal charges, citing an affidavit from a non-shooting officer that describes a deliberate assault and evasion. They note that the officer who fired, L.G., was not wearing a body camera. In contrast, Texas Public Radio and USA Today highlight the defense perspective, noting that Garces Perez claims he was trying to park for his wife to retrieve the car. TPR reports that Garces Perez remains in severe pain with a bullet lodged near his spine and a fractured clavicle, with his attorney warning of potential permanent damage without surgery. USA Today frames the event as a flashpoint in the national debate over ICE legitimacy, noting that while Democrats demand accountability for the shooting, some critics argue that condemning the agency entirely is irresponsible despite the questionable use of force.

Why it matters

The case tests the limits of federal enforcement authority and the legal protections afforded to individuals with final orders of removal. The conflicting accounts of the incident, combined with the lack of body camera footage from the shooting officer, raise significant questions about accountability and transparency in immigration enforcement. The upcoming court hearing will determine whether Garces Perez is released or deported, setting a precedent for how such disputes are handled in federal courts.

What to watch

Garces Perez is scheduled to appear in federal court in San Antonio on September 30. His attorneys are seeking his release from detention and adequate medical care. The outcome of the hearing will determine whether he is deported or if the criminal charges proceed. Public protests are expected to continue, with supporters gathering outside the detention center and the courthouse.