Defendant in ICE Shooting Enters Not Guilty Plea
The defendant remains in federal custody while facing an indictment for assault following a September traffic stop.
Updated on Oct. 27, 2026 in Immigration
Wilber Rafael Garces Perez pleaded not guilty in federal court this week following an incident involving U.S. Immigration and Customs Enforcement agents in Austin. He remains in federal custody after an officer shot him during a traffic stop.
Why it matters
The case highlights the intersection of federal immigration enforcement and local police interactions in Austin. The pending criminal charges have suspended the defendant's previous petition for release and deportation protection.
A federal grand jury has indicted the defendant on one count of assaulting a federal officer, which carries a potential sentence of up to 20 years in prison if convicted. The outcome of his legal proceedings remains pending in federal court.
The players
Wilber Rafael Garces Perez
The defendant currently in federal custody following an indictment on federal assault charges.
U.S. Immigration and Customs Enforcement
The federal agency responsible for the agents involved in the traffic stop and subsequent shooting.
The details
The incident began when two ICE agents stopped Garces Perez during a food delivery stop in Austin. Authorities report that Garces Perez fled in his vehicle after being ordered to exit, leading to an encounter on September 20, 2026, where he was shot by an officer. A previous deportation order had been issued after he missed a court date, and his work permit expired in December 2025.
Timeline
December 2025: Garces Perez's work permit expired.
September 20, 2026: The suspect was shot by an ICE officer.
September 30, 2026: A federal court hearing was held for the case.
October 20, 2026: A grand jury indicted the suspect.
October 27, 2026: The defendant entered a not guilty plea.
The Texas Context
This case follows the federal government's utilization of the CBP One App for immigration processing. The criminal proceedings now place a hold on the defendant's existing immigration petitions, complicating his legal status in the state.
Residents may notice ongoing federal legal proceedings in the local district court as this case moves forward. There is currently no change to local city services or public safety operations resulting from this specific federal matter.
The takeaway
The federal criminal case against the defendant has suspended his previous efforts to remain in the country. Observers should continue to follow the federal court docket for updates on the trial schedule.
Further reading
For broader context on current regional immigration policy developments, visit our Immigration section.
