U.S. prosecutors charge Venezuelan man shot by ICE agent in Texas with assaulting an officer

People speak during a demonstration where a man was shot in his vehicle by an ICE officer, Sunday, Sept. 20, 2026, in Austin, Texas. (AP Photo/Joel Angel Juarez)

AUSTIN, Texas — U.S. prosecutors in Texas announced on Tuesday assault charges against a Venezuelan delivery driver who was shot in the back by immigration enforcement agents on Sunday.

A federal complaint alleges Wilber Rafael Garces-Perez, 28, tried to escape Immigration and Customs Enforcement, who pulled him over after a judge issued a final removal order, according to U.S. Attorney Justin R. Simmons for the Western District of Texas.

The complaint accuses him of sideswiping an officer with his drivers side car mirror and later attempting to strike an officer with his car.

If convicted Garces-Perez faces up to 20 years in prison.

Garces-Perez entered the U.S. in 2024 using CBP One, a program begun under President Joe Biden that allowed migrants to make appointments with U.S. authorities to be considered for asylum. President Donald Trump ended the program on his first day in office.

Garces-Perez was an asylum seeker and had a valid work permit, according to Lincoln-Goldfinch. She said a judge issued a deportation order after Garces-Perez missed an immigration court hearing because the notice was sent to a former address.

Anna Wilder and Safiyah Riddle, The Associated Press