VENEZUELA · MIGRATION
Key Facts
- The country Venezuela is a South American country whose citizens form one of the largest migrant groups in the Americas.
- What happened A federal grand jury in the Western District of Texas indicted Venezuelan migrant Wilber Garcés Pérez, 28, on Tuesday 20 October 2026.
- The charge He is accused of assaulting, resisting, impeding and obstructing a federal officer, and faces up to 20 years in prison if convicted.
- The shooting An ICE officer shot him in the back in Austin on 20 September 2026; the indictment omits the shooting.
- Where he is Garcés is held in federal custody in Karnes County, South Texas, and denies the charges through his lawyers.
- Power Index Venezuela ranks 13th of 14 in The Rio Times Latin America Power Index, with 27.0 points (October 2026 edition).
A federal grand jury in Texas has indicted the Venezuelan shot by ICE in Austin, Impacto Venezuela reported on Thursday 22 October 2026, citing EFE. The indictment, filed on Tuesday 20 October, charges Wilber Garcés Pérez, 28, with assaulting a federal officer.
It carries up to 20 years in prison, and it matters to US readers because a person wounded by federal agents is now the defendant. ICE, short for Immigration and Customs Enforcement, is the Homeland Security agency that arrests and deports immigrants.
What the Grand Jury Decided
A grand jury is a panel of citizens that decides whether prosecutors have enough evidence to take a felony case to trial. It meets in secret, and an indictment is a formal accusation, not a finding of guilt.
According to Impacto Venezuela, the indictment was filed in the US District Court for the Western District of Texas on 20 October. It charges Garcés with assaulting, resisting, impeding and obstructing a federal officer.
What the Indictment Says
The indictment against the Venezuelan shot by ICE calls his car a deadly and dangerous weapon, with up to 20 years in prison if convicted. It names two ICE officers as the alleged victims.
The charge first appeared in a criminal complaint in September, and US Attorney Justin R. Simmons announced it on 29 September, La Prensa reported. The complaint described one physical contact, when the car’s side mirror hit an officer’s torso as Garcés drove off.
The indictment does not mention the shooting at all. It also does not say when the alleged conduct took place.
Two Accounts of the Venezuelan Shot by ICE
The officer who fired reportedly told his partner by phone that Garcés tried to hit him, and that he then drew his pistol. He was not wearing a body camera.
His partner did wear one but switched it off during the chase, after losing sight of both vehicles. On this account, neither officer’s camera recorded the moment of the shot.
Garcés told a federal investigator that the officer’s truck struck his car and spun it around. After the car stopped, he said, the officer fired through the rear right window and the bullet hit his upper back.
Garcés admits that he ignored an order to get out of the car and drove away. He said he had asked to park so his wife could pick him up, because he expected to be detained.
Where the Venezuelan Shot by ICE Is Held
Garcés is held in federal custody in Karnes County, South Texas, according to his immigration lawyer, Kate Lincoln-Goldfinch. She and her spokesperson, Fabiana Meléndez, told EFE that he denies the charges.
His habeas corpus petition, a request that a judge order his release, is on hold while the criminal case proceeds. The petition also sought to stop his deportation.
Lincoln-Goldfinch said the Venezuelan shot by ICE is recovering and in better spirits, but that the back wound remains open and bleeds often. He is receiving medical care and expects to start physical therapy soon.
From Asylum Seeker to Defendant
The Venezuelan shot by ICE entered the United States in December 2023 through the CBP One border-appointment app and applied for asylum. His lawyer says a judge later ordered him deported after he missed a hearing.
The shooting took place on 20 September 2026, during an arrest in Austin, La Prensa reported. Earlier stages of the case are covered in our reports on his detention without bail and the surgery to remove the bullet.
La Prensa reported that Democratic congressman Greg Casar publicised the delay in his surgery and criticised ICE. The paper said Garcés had an operation in early October to remove the bullet.
What It Means for US Readers
The case of the Venezuelan shot by ICE is a test of how federal courts handle disputes between immigration officers and the people they arrest. Because no video of the shot has been described, the two accounts may have to be argued in court.
For migrants in the United States, it shows how a missed hearing can lead to a deportation order, as his lawyer says happened here. Anyone in that position should speak to a licensed immigration lawyer, and every defendant is presumed innocent until proven guilty.
What Is Not Known
It is not known when Garcés will be arraigned, the hearing where he enters a plea, or when a trial could start. Federal law generally sets a 70-day trial clock, but judges often extend it.
So far only EFE, through Impacto Venezuela, has reported the indictment, and no US Attorney release was available. The officer who fired is not named, and no review findings are reported.
More: Venezuela news in English, every day from The Rio Times.
Frequently Asked Questions
Who is Wilber Garcés Pérez?
Garcés Pérez is the Venezuelan shot by ICE, aged 28, who entered the United States in December 2023 and applied for asylum. An immigration officer shot him in the back during an arrest in Austin, Texas, on 20 September 2026.
What is he charged with?
A federal grand jury charged him with assaulting, resisting, impeding and obstructing a federal officer. The indictment calls his vehicle a deadly and dangerous weapon, and he faces up to 20 years in prison if convicted.
Does an indictment mean he is guilty?
No, an indictment is a formal accusation that lets a case go to trial. Garcés denies the charges and is presumed innocent until a court decides otherwise.
Does the indictment mention the shooting?
No, according to Impacto Venezuela the indictment does not mention the shooting or say when the alleged conduct happened. It names two ICE officers as the alleged victims.
Where is Garcés being held?
He is in federal custody in Karnes County, South Texas, his lawyer told EFE. His habeas corpus petition seeking release is on hold while the criminal case goes on.
Sources: Impacto Venezuela (with EFE), Gran jurado de EE. UU. acusó formalmente al migrante venezolano a quien dispararon por la espalda en Texas, 22 October 2026; La Prensa (Nicaragua), Venezolano baleado por ICE enfrenta cargos en Texas, 7 October 2026.
This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error · Editorial responsibility: Matthias Camenzind, Editor-in-Chief