AUSTIN, Texas — Wilber Rafael Garces Perez, the Venezuelan food delivery driver shot by an Immigration and Customs Enforcement (ICE) officer last month, underwent surgery Thursday morning to remove a bullet from his back, according to his legal team and U.S. Rep. Joaquin Castro.
The procedure marks a turning point in a harrowing ordeal that began on September 20, when Garces Perez was shot during an encounter with federal agents in North Austin. Following the shooting, he was hospitalized briefly before being taken into ICE custody, where he remained for 11 days with the projectile still lodged in his body.
The surgery comes as Garces Perez faces intensifying legal pressure. On Tuesday, federal prosecutors filed criminal charges against him for assaulting and resisting a federal officer. During a preliminary hearing on Wednesday, a federal judge deemed him a flight risk and ordered him to remain in custody. He appeared in court in a wheelchair, his left arm in a sling.
The incident occurred when ICE officers approached Garces Perez at a shopping center, reportedly after running his license plate and identifying him as having an outstanding removal order. While one officer was equipped with a body-worn camera, the officer who fired the shot was not.
Prosecutors allege that during the confrontation, Garces Perez attempted to flee, striking an officer with his side-view mirror before leading authorities on a vehicle pursuit. The shooting occurred shortly after, with the officer claiming Garces Perez attempted to strike him with his car.
However, the incident has drawn sharp scrutiny regarding ICE’s operational protocols. On Wednesday, the same day prosecutors detailed the encounter in court, internal guidelines were issued to ICE’s Enforcement and Removal Operations division restricting high-speed chases and mandating specific training for vehicle stops. Crucially, the new guidelines require all officers at the scene of such stops to wear and activate body cameras—a protocol that was not followed during the encounter with Garces Perez.
U.S. Rep. Greg Casar, who visited the detainee at a facility in Pearsall last week, had advocated for the medical intervention after a specialist recommended the bullet be removed. Following Thursday’s successful surgery, Garces Perez was able to speak with his wife, according to his lead attorney, Kate Lincoln-Goldfinch.
The legal battle over Garces Perez’s status is complicated by procedural disputes. His attorneys maintain that he legally sought asylum via the CBPOne app upon entering the U.S. in 2023. They claim a 2025 removal order was sent to the wrong address, and a subsequent motion to reconsider was denied this past July.
The shooting remains a flashpoint in the ongoing debate over immigration enforcement tactics in Texas, particularly as the agency navigates conflicting directives regarding vehicle pursuits. As Garces Perez recovers, his legal team continues to contest the charges, even as the federal government keeps him in custody pending further proceedings.
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