Illegal Alien Shot by ICE in Austin Faces Charges for Resisting-Assaulting Federal Officer

On Tuesday, Wilber Rafael Garces Perez, the Venezuelan illegal alien who was shot on September 20 by an Immigration and Customs Enforcement (ICE) officer after he attempted to flee from a targeted ICE apprehension, has been officially charged with assault on a federal officer and resisting a federal officer. Garces Perez was seen before U.S. Magistrate Judge Dustin Howell of the U.S. District Court for the Western District of Texas for his arraignment hearing.

Garces Perez's attorney Kate Lincoln-Goldfinch, Democrat Rep. Greg Casar (TX-35), and the usual anti-ICE activists have been clamoring for bodycam footage. Well, be careful what you wish for. The footage being released provides evidence that blows apart the manufactured narratives that have surrounded the shooting over this past week. 

An illegal alien from Venezuela is charged with: assaulting, resisting, interfering, and impeding a federal officer in Austin.

The criminal complaint alleges that during a traffic stop, Wilber Rafael Garces-Perez, 28, refused orders from ICE ERO officers to exit his vehicle and… pic.twitter.com/D5zTPYRzDh

— U.S. Department of Justice (@TheJusticeDept) September 29, 2026

An illegal alien from Venezuela is charged with: assaulting, resisting, interfering, and impeding a federal officer in Austin.

The criminal complaint alleges that during a traffic stop, Wilber Rafael Garces-Perez, 28, refused orders from ICE ERO officers to exit his vehicle and drove away, striking an officer with his side-view mirror. He allegedly led officers on a high-speed chase before attempting to strike another officer with his vehicle, prompting the officer to fire his pistol.

If convicted, Garces-Perez faces up to 20 years in federal prison.

According to the federal complaint, bodycam footage obtained by the DOJ show as Garces Perez rushed to avoid apprehension and fled the scene, he hit one of the ICE officers with part of his car. 

An illegal alien from Venezuela made his initial appearance in federal court today after being charged with one count of assaulting, resisting, interfering, and impeding a federal officer, announced U.S. Attorney Justin R. Simmons for the Western District of Texas.

According to court documents, on Sept. 20, Immigration and Customs Enforcement (ICE) Enforcement Removal Operations (ERO) officers initiated a traffic stop for Wilber Rafael Garces-Perez, 28. The stop was initiated due to confirmation of an immigration judge having issued a final order of removal on Garces-Perez.

The criminal complaint alleges that, during the stop, Garces-Perez provided the ICE ERO officers with his driver’s license. After verifying Garces-Perez was the person they were seeking, the officers asked Garces-Perez to place his vehicle in park and step out—orders which he allegedly ignored. The complaint alleges and body camera footage shows that after further direction from the officers in Spanish, Garces-Perez abruptly closed his window and drove off, striking one of the ICE ERO officers in the torso with the driver’s side-view mirror.

The ICE ERO officers pursued Garces-Perez in their vehicles with their emergency lights and sirens activated. 

BREAKING: The Venezuelan illegal alien DoorDash driver who was shot by ICE in Austin, TX last week after a pursuit has just been charged by DOJ w/ assault on a federal officer after Feds say they have ICE bodycam showing Wilber Rafael Garces Perez clipping an officer with his… pic.twitter.com/H7jAHccx7t

— Bill Melugin (@BillMelugin_) September 29, 2026

Attorney Lincoln-Goldfinch and Casar have spent the past week agitating against ICE and fomenting doubt over Garces Perez's actions before any facts came into evidence. 

ICE out of Austin. pic.twitter.com/v0qSxXNixw

— Greg Casar (@GregCasar) September 22, 2026

Garces Perez was characterized as an "immigrant," legally authorized to work in the United States, who was just trying to provide for his family as a DoorDash driver, until ICE rampaged through Austin looking for brown people, rolled up on Garces Perez, and then shot him several times without warning. 

A childhood friend says Wilber Garces Perez has dedicated his life to work and family since arriving in the United States in 2024. He remains in custody after being shot by an ICE agent in Austin on Sunday. https://t.co/QieSFrBYNE pic.twitter.com/5dibmBDZbO

— KUT Austin (@KUT) September 24, 2026

According to initial reports, Garces Perez claimed in his police interview that ICE did not identify themselves, and that the ICE vehicles chasing him had not turned on their lights during the pursuit. As my RedState colleague Ward Clark reported, video footage obtained by independent journalist Savannah Hernandez dispelled this fantasy and proved all the parties spreading this falsehood were lying through their teeth.

More bodycam footage recently released shows that Garces Perez not only led ICE officers on a high-speed chase, but he attempted to do it a second time when, after being boxed in, he tried to use his vehicle to strike another ICE ERO officer. The ICE ERO officer defensively fired one shot at Garces Perez.

Sounds familiar.  

The complaint alleges Garces-Perez led them on a high-speed chase through a commercial and residential area. While one of the officers lost sight of Garces-Perez during the pursuit, the other ICE ERO officer caught up to Garces-Perez, who allegedly attempted to strike the officer with his car, causing the officer to fire his pistol.

Garces Perez is scheduled to undergo a detention hearing on Friday, October 2. He faces up to 20 years in federal prison if convicted. 

So far, radio silence from Lincoln-Goldfinch, Casar, and the other activists demanding answers and "accountability." 

We've received the answers, and the DOJ is doing the work of holding Garces Perez accountable.

Editor’s Note: The 2026 Midterms will determine the fate of President Trump’s America First agenda. Republicans must maintain control of both chambers of Congress.

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