At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On Sunday, September 20, 2026, shortly before 1:00 p.m., an Immigration and Customs Enforcement (ICE) officer shot Wilber Rafael Garces Perez, a 28-year-old Venezuelan man, in north Austin, Texas.
Here is what is known, what is still disputed, and what you can do if you or a family member has a removal order.
What happened in Austin?
Garces Perez was shot once in the torso and taken to Dell Seton Medical Center, where he was listed in serious but stable condition. He was discharged that same evening and transferred to federal custody. Outlets that documented the scene reported at least two bullet holes on the passenger side of his vehicle.
The Department of Homeland Security (DHS) said Homeland Security Investigations (HSI) is leading the investigation with assistance from the Federal Bureau of Investigation (FBI). Austin Police responded to the scene and are in contact with HSI, though Police Chief Lisa Davis and Mayor Kirk Watson both made clear that local officers were not involved in the shooting. The Travis County District Attorney’s Office asked to take part in the investigation as a co-equal partner.
Watson said he was “very angry” but “not surprised,” and said Austinites “have a right to know what happened.” Congressman Greg Casar called for an independent investigation.
Two accounts that do not match
This is the part worth reading slowly, because headlines are blending claims that have not been established.
- What DHS says: that Garces Perez entered the country unlawfully during the Biden administration, that he had a final order of removal, and that the shooting happened during a law enforcement operation. DHS added that he remains in federal custody pending removal.
- What the family’s attorney says: Kate Lincoln-Goldfinch says her client entered the United States lawfully, has no criminal history, has lived in Austin for roughly two years, and is married to a woman with legal status. By her account, he was making a food delivery when officers boxed in his car and fired.
- What is unresolved: how he entered, what status he held at the time, and whether the use of force was justified. None of that is settled by a press statement. It is settled by the record and by the investigation.
Does a final removal order take away your rights?
No. And this is the most dangerous misunderstanding a story like this leaves behind.
A final order of removal is a decision by an immigration judge (or an expedited or in absentia order) directing that you leave the country. It is not the same as having been deported, it does not authorize anything and everything, and it does not erase your constitutional rights: you still have the right to remain silent, to refuse to sign documents you do not understand, and to have any use of force investigated.
It is also not always the end of the road. Depending on the circumstances, a final order may be challenged through a motion to reopen, a request for a stay of removal, or an appeal, and an in absentia order may be reopened if you never received notice. Deadlines are strict and every case is different, which is why you should review yours with an attorney before making any decision.
What can you do right now?
- Find out what your file actually says: many people believe their case is “closed” when in fact an in absentia order exists. A legal consultation confirms it before an enforcement operation does.
- Have a family plan: who picks up the children, where the documents are, who calls an attorney. Write it down and share it today.
- Know the basics: do not open the door without a warrant signed by a judge, do not lie about your identity, do not sign anything without advice, and ask to speak with your attorney.
- Preserve evidence: if you witness an operation, recording from a safe distance without interfering is lawful in public and often proves decisive later.
- Do not act on rumors: in cases like Austin, official accounts and defense accounts coexist. Act on your file, not on headlines.
Protect Your Immigration Status with Campos Law Firm
An enforcement operation lasts minutes; its consequences last years. That is why our work starts earlier: reviewing your immigration history, knowing exactly what your file says, and preparing the right defense in case someone knocks on your door. As Attorney Alejandra Campos, founder of Campos Law Firm, reminds our clients, having the right information is your best tool. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
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