Venezuelan Shot by ICE in Texas Denied Bail, Faces Up to 20 Years
VENEZUELA · MIGRATION
Key Facts
- —Who Wilber Rafael Garcés Pérez, 28, a Venezuelan delivery driver, was shot by an ICE officer in Austin, Texas, on 20 September 2026.
- —The charge Federal prosecutors charged him with assaulting, resisting and impeding a federal officer, the US Justice Department said on 29 September 2026.
- —The penalty If convicted, he faces up to 20 years in federal prison, according to the Justice Department.
- —Bail A judge accepted the government’s request to keep him detained without bail on 30 September, his lawyers said (Diario1).
- —Still unclear The officer who fired has not been named, and the bullet is still in his back, his lawyers say.
The Venezuelan shot by ICE in Austin moves from immigration custody to criminal detention, as both sides tell opposite stories.
Venezuelan Wilber Garcés Pérez, 28, shot by an immigration officer in Austin, Texas, will be held without bail on a federal charge. A judge accepted on 30 September that he might flee, his lawyers said, the Salvadoran news site Diario1 reported.
What he is charged with
The US Justice Department charged Garcés Pérez with one count of assaulting, resisting, interfering with and impeding a federal officer. If convicted, he faces up to 20 years in federal prison.
He first appeared on 29 September before Magistrate Judge Dustin Howell of the federal court for western Texas. US Attorney Justin R. Simmons announced the charge.
The department said a criminal complaint “is merely an allegation”. All defendants are presumed innocent until proven guilty, it added.
Prosecutors then asked for him to be held until trial. The judge agreed that he posed a flight risk, according to Diario1.
The Justice Department’s statement of 29 September had listed a detention hearing for Friday 2 October. His lawyers said the judge ruled on custody on 30 September.
The government’s account of 20 September
ICE, the US Immigration and Customs Enforcement agency, stopped his car after confirming a removal order against him, the Justice Department said.
He handed over his driving licence and was told to park and get out. Instead, prosecutors say, he “abruptly closed his window and drove off”, hitting one officer in the torso with his side mirror.
Officers chased him with lights and sirens through business and residential streets. Prosecutors say he then tried to hit another officer with his car, and that officer fired his pistol.
The department has not said how many shots the officer fired or named him. No findings from the federal investigation into the shooting have been published.
What his lawyers say
His lawyers, Kate Lincoln-Goldfinch and Danny Woodward, called the charge part of a pattern. The government takes “reprisals” against people who question federal agents’ actions, Lincoln-Goldfinch said.
They say the bullet the officer fired is still lodged in his back, ten days after the shooting. They want the government to provide the surgery he needs. He has spent ten days in “deplorable conditions”, Woodward said.
“The government keeps playing with our client’s life”, Woodward told reporters after the hearing. The defence aims to keep him alive, win his release and hold the agents responsible, the lawyers said.
Our first report is Austin ICE shooting leaves Venezuelan delivery driver wounded and in custody.
How he came to the United States
Garcés Pérez entered the country through CBP One, a phone app the Biden administration (2021 to 2025) used for border appointments. Migrants used it to book a time to present themselves at official crossings on the Mexican border.
He applied for asylum, his lawyer said. An immigration judge later ordered his deportation in absentia, meaning without him present, after he missed a hearing.
The government describes him as a Venezuelan in the country illegally with a final removal order. His lawyers say he worked legally as a DoorDash delivery driver.
A rise in assault cases against migrants
His case fits a wider trend. In fiscal year 2025, the Department of Homeland Security (DHS) referred 274 cases to federal prosecutors under this assault law.
That is the most since DHS was created and about double the previous peak in 2019. The figures come from the Project On Government Oversight, an independent watchdog.
The charges come as President Donald Trump’s government widens deportations. The US Supreme Court recently let third-country deportations resume while a legal challenge continues.
What it means for Venezuelans in the US
CBP One was a main legal entry route for Venezuelans during the Biden years. Like him, many applied for asylum and still wait for a final decision.
For them, the case shows how quickly an immigration stop can become a criminal prosecution. A federal assault charge can also weigh on later immigration decisions.
His lawyers also want the agents who hurt him held to account. The dispute over what happened on 20 September now moves into a criminal court.
Garcés Pérez now moves from immigration custody into criminal detention. His trial date has not been set, and his lawyers have not said whether they will appeal the bail ruling.
More: Latin America news, every day from The Rio Times.
Frequently Asked Questions
Who is Wilber Rafael Garcés Pérez?
He is a 28-year-old Venezuelan delivery driver who was shot by an ICE officer in Austin, Texas, on 20 September 2026. He entered the United States through the CBP One border app and applied for asylum.
What is he charged with?
The US Justice Department charged him with one count of assaulting, resisting, interfering with and impeding a federal officer. The charge carries up to 20 years in prison, and he is presumed innocent until proven guilty.
Why was he denied bail?
Prosecutors argued that he might flee, and the judge accepted that argument on 30 September, his lawyers said. He will remain in federal criminal detention while the case proceeds.
Sources: Diario1 · US Department of Justice, Western District of Texas
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