Austin man shot by ICE has surgery 11 days later to remove the bullet

The Austin man shot by an ICE officer earlier this month underwent surgery Thursday morning and is now in recovery, according to U.S. [KSAT 12]

Wilber Rafael Garces Perez, a Venezuelan national employed as a food delivery driver, underwent surgical procedures Thursday to extract a projectile lodged in his back following a Sept. 20 shooting by an Immigration and Customs Enforcement officer in Austin. The operation marked the conclusion of an 11-day period during which Garces Perez carried the bullet in his body after being released from a hospital and transferred into federal detention at a facility in Pearsall, southwest of San Antonio.

The incident began when ICE personnel conducted a traffic stop on Garces Perez near the Village shopping center in North Austin after running his license plate through a database. One officer wore recording equipment documenting the encounter, while the second officer, who subsequently fired the fatal shot, was not equipped with a body camera. According to federal prosecutors, Garces Perez fled the scene as officers identified themselves as immigration authorities, and his vehicle's side-view mirror struck one of the officers during his departure.

Federal authorities charged Garces Perez with assaulting and resisting a federal officer following the shooting. During a preliminary hearing the day after his Wednesday arrest, a federal judge determined he posed sufficient flight risk to remain confined. Garces Perez appeared in court seated in a wheelchair with his arm immobilized in a sling.

His legal team, headed by attorney Kate Lincoln-Goldfinch, contested the charges and highlighted procedural concerns with the officers' actions. The attorneys noted that internal ICE guidelines prohibit high-speed vehicle pursuits and restrict traffic stops without appropriate training certifications. Additionally, the officer wearing a body camera disabled the recording device during the pursuit, preventing documentation of the shooting itself.

Records indicate Garces Perez entered the United States legally through a California port of entry in December 2023 and filed an asylum petition through official channels. He possessed a work permit that expired in December 2025 and received a deportation order in August 2025 that his attorney claimed was delivered to an incorrect address. A subsequent motion for reconsideration was denied in July 2026.

U.S. Rep. Joaquin Castro, D-San Antonio, and U.S. Rep. Greg Casar both advocated for the man's welfare and access to medical care. Castro criticized ICE's handling of the situation, stating the agency had "done enough to torment this family." Following the Thursday surgical procedure, Garces Perez spoke with his wife, according to his legal representatives.