Venezuelan DoorDash driver faces 20-year prison sentence after ICE shooting in Austin

Key points

• The Justice Department charged Wilber Rafael Garces-Perez with assaulting, resisting, and impeding a federal officer, carrying a maximum penalty of 20 years.
• Prosecutors allege Garces-Perez fled a traffic stop after refusing to exit his vehicle, striking an ICE officer in the torso with his driver's side-view mirror.
• The shooting occurred during a pursuit through commercial and residential areas; the officer who fired the weapon did not have a body camera active.
• Garces-Perez remains in ICE custody with a bullet lodged in his upper back, a fractured clavicle, and limited mobility, according to his attorney.
• A federal habeas corpus hearing is scheduled for September 30 in San Antonio, where his legal team seeks his release from detention.

Background

This incident follows the September 20 shooting in North Austin, which sparked local protests and a temporary court order blocking Garces-Perez's deportation. He entered the US in 2024 via the CBP One asylum-seeker program. Prior to the shooting, an immigration judge had issued a final order of removal against him, though his attorney disputes the validity of that order due to address discrepancies.

How outlets are covering it

Fox News and the Justice Department emphasize the criminal charges, stating Garces-Perez led a high-speed chase and struck an officer with his mirror. KUT and BBC highlight conflicting accounts: Garces-Perez claims an ICE SUV caused a collision, while officers deny any contact. TPR focuses on his medical condition, noting he remains in pain with a lodged bullet and a fractured clavicle. His attorney, Kate Lincoln-Goldfinch, criticizes the lack of body camera footage from the shooting officer and describes the detention as 'cruel.' ICE disputes claims of inadequate medical care, stating he received 'some of the best medical care' in his life.

Why it matters

The case highlights ongoing tensions regarding ICE enforcement tactics, the use of force during immigration stops, and the legal challenges faced by individuals with final orders of removal. The absence of body camera footage from the shooting officer has raised transparency concerns, while Garces-Perez's severe injuries and continued detention have drawn public attention to the medical and legal conditions of those in federal custody.

What to watch

A federal habeas corpus hearing is scheduled for September 30 in San Antonio, where Garces-Perez's attorneys will seek his release from detention. A separate detention hearing is also scheduled for October 2. The outcome of these hearings will determine whether he remains in custody while facing federal criminal charges.