At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On September 29, 2026, the Justice Department announced a federal charge against Wilber Rafael Garces Perez, the 28-year-old Venezuelan man who was shot by an Immigration and Customs Enforcement (ICE) officer in North Austin, Texas, on September 20.
We have followed this case from day one. Below, we explain what the charge says, what remains in dispute, and why the criminal and immigration cases are two separate tracks.
What Is He Charged With?
The U.S. Attorney’s Office for the Western District of Texas charged him with assaulting, resisting, interfering with, and impeding a federal officer, an offense that carries up to 20 years in prison. Garces Perez made his initial appearance on September 29 before U.S. Magistrate Judge Dustin Howell, and a detention hearing is set for October 2.
According to the complaint, ICE officers pulled his car over after seeing him leave a restaurant. When they told him to get out of the vehicle, he drove away. Prosecutors say his side mirror struck an officer and that, during the chase, he tried to drive into the officer who later fired.
The Justice Department’s own statement notes that a criminal complaint is merely an allegation and that every defendant is presumed innocent until proven guilty beyond a reasonable doubt.
What Is Still in Dispute?
The accounts do not match. Garces Perez told Department of Homeland Security (DHS) investigators that an officer’s SUV rammed his car and spun it around before the shooting. The two sides also disagree about when the emergency lights were turned on.
According to court documents, the officer who fired was not wearing a body camera, and the other officer at the scene lost sight of both men at the key moment. The bullet remains lodged in his back, and his attorney, Kate Lincoln-Goldfinch, says he also has a fractured collarbone.
The Austin Police Department and the Travis County District Attorney’s Office are conducting an independent investigation into the shooting. Reuters found that 31% of completed federal cases involving assaults on officers ended in dismissal, compared with 8% of all federal criminal cases.
Does a Criminal Charge Mean He Will Be Deported?
Not automatically. The criminal and immigration processes are independent: one decides whether a crime was committed; the other decides whether a person may remain in the country. Garces Perez also has a final removal order, and a federal judge temporarily halted his removal, as we explained in our article on the order pausing his deportation.
Still, the two tracks intersect. A conviction can close immigration options or make a waiver harder to obtain, while an open criminal case may require the government to keep the person in the country for trial. That is why any defense needs to coordinate both fronts from the start.
What Can You Do if ICE Stops You?
- Do not run or resist: even if you believe the stop is unfair, driving away or struggling can lead to criminal charges and put your life at risk.
- Remain silent: you have the right not to answer questions about your immigration status or where you were born.
- No firmes nada sin un abogado: that includes departure papers and statements.
- Remember the details: time, place, number of officers, vehicles, and witnesses. If someone can record without interfering, they should.
- Have a plan: your family should have your A-Number and your attorney’s phone number.
Protege tu situación migratoria con el bufete de abogados Campos
When a criminal case and an immigration case overlap, every decision carries double the weight. At Campos Law Firm, we evaluate both fronts so that one defense does not undermine the other. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.
No dejes tu situación migratoria al azar. Llámanos hoy mismo al +1 (844) 922-6767 para concertar una consulta gratuita y confidencial en inglés o en español. Bufete de Abogados Campos: soluciones jurídicas en todas las áreas del derecho.
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