According to local authorities, a man was shot and wounded by a U.S. Immigration and Customs Enforcement agent during an encounter that began with a vehicle pursuit in Austin, Texas on Sunday. The shooting occurred in northwest Austin where the man was inside a blue Toyota Corolla. He was taken to a hospital with a gunshot wound to his torso and was initially reported in serious but stable condition.
His immigration attorney later identified the injured man as Wilber Rafael Garces Perez, a 28-year-old national of Venezuela. His attorney said he was making a DoorDash delivery when the shooting happened. The circumstances of the encounter remain under investigation as it was not clear what led to the chase or why the federal agent opened fire.
Texas Department of Public Safety officials said ICE asked for help at about 12:50 p.m. local time in connection with a vehicle pursuit involving a blue Toyota Corolla. Gunfire erupted before state troopers got to the scene.
Austin police said their officers were not involved in either the operation or the shooting itself. But police chief Lisa Davis said her department's special investigation unit was at the scene collecting information.
Federal authorities had little information to share at first, and the incident quickly drew attention. ICE, which falls under the Department of Homeland Security, did not attend the city's news conference and did not immediately respond to multiple requests for details.
The shooting comes as federal immigration enforcement is being greatly expanded across the United States, making the Austin incident a national debate about how immigration officers conduct operations and how shootings involving federal agents are investigated.
Austin City Leaders Call for Independent Probe, Increased Transparency
Mayor Kirk Watson said the city's police department needs to be part of the investigation, saying local involvement would bring an independent perspective to what happened. Watson said he didn't think it would be appropriate for ICE to investigate the incident themselves.
The Travis County district attorney's office also asked local police and prosecutors to join in and asked the federal government to provide access to evidence in the shooting.
Separately, U.S. Rep. Greg Casar, D-Austin area, called for an immediate independent investigation and the release of any available footage. His office said the public should have a clear account of the circumstances surrounding the shooting.
The calls for transparency come as local officials want more information about the federal operation. Police said they still did not have all the facts to explain the sequence of events, and federal agencies have not provided a detailed public account.
Videos authenticated by New York Times reporters also provide further details of the encounter, the paper said. One video showed an unmarked federal SUV, and the Toyota parked near the scene, then several gunshots. Additional footage showed damage to the vehicle and the injured man still inside.
The video does not on its own show a reason the officer shot or whether the shooting met federal guidelines for the use of force. Investigators are still trying to figure out those questions.
The incident also ignited protests in Austin. A crowd gathered near the shooting site as local and federal law enforcement officers stayed in the area. The protests lasted for hours, mirroring the heightened tensions over immigration enforcement in the city.
Man Injured Identified as Venezuelan National
Garces Perez's identity was revealed by his immigration attorney, Kate Lincoln-Goldfinch, who represents him and his family. The attorney said his wife had difficulty finding out about his condition and whereabouts after the shooting.
The man was first taken to a hospital for the gunshot wound. Later Sunday, his attorney said his wife was told he had been released from the hospital and taken into ICE custody. Where he was being held afterward was not immediately clear.
The picture also includes Garces Perez's immigration status. His attorney said she believed he had no criminal history and had no final removal order, while federal authorities have described him as being under a final removal order after an illegal entry. Those accounts have not been publicly reconciled, and the available reporting doesn't make clear about the full legal history.
The case thus raises a number of questions that investigators and federal officials are expected to clarify, including the reason for the pursuit, the events just before the shooting, the reason force was used and the legal status of the man.
There is some visual evidence in the form of video footage from the scene depicting the vehicle and the aftermath of the shooting. But the footage that is available at this time does not answer all the questions about the encounter.
The Austin Police Department's involvement could offer more evidence as investigators look over the scene, vehicle damage, witness statements and any available video.
The immediate concern for the family has been the man's condition and access to information about his custody.
Shooting Comes as ICE Enforcement Across U.S. Is Ramp Up
The Austin shooting came as federal immigration enforcement was ramping up this summer. ICE made more than 50,000 arrests a month in July and August, reporting based on agency figures shows.
The Austin incident comes on the heels of other shootings involving immigration agents this year. In July, an ICE agent shot and killed 52-year-old Houston resident Lorenzo Salgado Araujo as federal agents pursued him on his way to a construction job. Later that month, another ICE agent shot a Colombian man in Maine.
Those incidents, along with previous fatal shootings involving federal immigration agents, have raised questions about ICE operations and the use of firearms during enforcement actions.
Now, the Austin case is probably under review by several levels of government. Local officials have asked to be involved in the investigation, and federal authorities will determine the circumstances of the agent's actions.
The immediate questions of fact still revolve around the car chase, what occurred before the shooting and whether the federal agent followed proper use-of-force procedures. The investigation will also have to determine the full circumstances surrounding Garces Perez's immigration status and subsequent transfer into ICE custody.
As demonstrations continue to bring attention to the shooting, transparency will remain a central issue for Austin officials and the public. More evidence, such as any video available and the results of the investigation, might better explain what happened.
The shooting and the man's injury have been confirmed by officials for now, but several key details are still unresolved. Federal and local investigators are looking into it further and will determine an official account of the encounter and if any other action is warranted.
