A Venezuelan migrant who was shot by a US Immigration and Customs Enforcement (ICE) officer in Austin, Texas, has spoken out from federal detention, saying he remains in severe pain and still has a bullet lodged near his spine.
Wilber Rafael Garces Perez, 28, was shot during an encounter with ICE officers on Sunday, September 20, 2026. The incident has triggered protests and criticism from local officials, with questions emerging over the circumstances surrounding the shooting.
Garces Perez was working as a DoorDash delivery driver when the encounter occurred, according to his lawyer and the delivery company.
Speaking during a news conference on Monday, September 21, his lawyer, Kate Lincoln-Goldfinch, said she had finally managed to contact her client after initially being unable to establish his whereabouts.
She said Garces Perez had been transferred to the Pearsall federal detention facility, approximately 130 miles from Austin, at around 4 a.m. on Monday.
His wife, Elizdar, attended the news conference as the lawyer shared details of their conversation. Garces Perez also joined by telephone and described what he said happened during the encounter.
Speaking in Spanish through an interpreter, he said he was experiencing considerable pain and had not received the medical attention he needed.
He explained that doctors had left the bullet inside his body because it was lodged close to his spine.
According to his account, the incident began when an SUV approached his vehicle while he was making a delivery. He initially believed the driver was an aggressive motorist attempting to hit him.
He later realised that the occupants were ICE officers who wanted to detain him.
Garces Perez said the officers asked him to pull over, but he claimed they did not activate their emergency lights or sirens. He alleged that the SUV struck the side of his vehicle as he attempted to find a safe place to stop.
He said the officers eventually rammed his car before opening fire.
Garces Perez disputed the Department of Homeland Security’s initial account that he was shot during a foot chase, insisting that he never left his vehicle before being forced to get out.
He also alleged that the officers did not immediately attend to his injuries after the shooting.
According to his account, one officer entered his vehicle and forcibly switched it off while he complained of severe pain and feared losing consciousness. Emergency medical personnel later arrived at the scene.
The Department of Homeland Security said in an initial statement that Homeland Security Investigations, with assistance from the Federal Bureau of Investigation, was investigating the shooting.
The department described Garces Perez as a Venezuelan national who had entered the United States illegally under the previous administration and was subject to a final deportation order.
It added that his condition was stable and that he remained in federal custody pending removal from the country.
However, his lawyer disputed the government’s description of his immigration status, saying her client was legally in the United States and had applied for asylum.
The conflicting accounts have increased calls for transparency over the incident and the actions of the officers involved.
Austin Mayor Kirk Watson expressed anger and disappointment over the shooting, saying residents deserved to know what happened and should feel safe in their community.
A video obtained by ABC News and recorded by a witness showed Garces Perez sitting hunched over in the driver’s seat of a blue sedan as ICE officers surrounded the vehicle after the shooting.
In the footage, he can reportedly be heard speaking Spanish and saying he was shot because he did not brake. Later images showed him handcuffed while officers cut away his shirt, exposing a gunshot wound on his back.
A law enforcement source told ABC News that ICE officers had been conducting licence plate checks as part of their enforcement activities when they identified a vehicle registered to Garces Perez. The source said the vehicle was linked to an individual with a deportation order.
Questions have also been raised about the handling of the crime scene. Austin City Council member Mike Siegel told ABC News that local police were not allowed to conduct their own investigation because the scene was controlled by federal and state authorities.
He said the investigation was being handled by Homeland Security Investigations and involved the Texas Department of Public Safety.
The Department of Homeland Security had not provided a detailed account of the shooting or confirmed whether the ICE officers involved were wearing body cameras.
Garces Perez’s case has renewed concerns over the use of force during immigration enforcement operations in the United States, particularly as questions remain about his medical treatment, immigration status and the circumstances that led to the shooting.