Immigrant’s shooting in Texas again raises questions over ICE tactics

The shooting of another immigrant in Texas raises a new round of questions around Immigration and Customs Enforcement’s tactics and the agency’s role in investigating its own activities.Texas officials say an ICE officer shot Wilber Rafael Garces Perez, a Venezuelan immigrant, while he was driving in Austin on Sunday, bringing fresh scrutiny to immigration officers’ use of vehicle stops. After ICE officers fatally shot two immigrant drivers in July – one in Houston and one in Maine – the Department of Homeland Security apparently planned to pause vehicle stops of immigrants. But President Donald Trump urged such stops to continue. That month, immigrant arrests reached nearly 50,000 – a record for the second Trump term, an analysis of federal data shows.In the wake of those deaths, DHS, which oversees ICE, said each arrest team would be required to have at least one body camera. As immigrant advocates call for an independent investigation, the government hasn’t publicly confirmed or released footage of the Austin shooting. “No more traffic stops by ICE,” said Kate Lincoln-Goldfinch, a lawyer for Mr. Garces, at a news conference on Monday. “ICE does not know how to conduct traffic stops safely.”DHS said in a statement Tuesday that Mr. Garces “was the subject of a targeted vehicle stop.” The department says evading arrest is dangerous but didn’t provide details about the incident.Officers reportedly found Mr. Garces, who worked as a delivery driver, through a search of license-plate data. It has also been reported that, through that search, officers discerned a link to a deportation order. DHS didn’t respond to several questions about the officer involved, the lead-up to the shooting, or whether body-camera footage was captured. Shahrzad Rasekh/ReutersA blue Toyota sedan belonging to Wilber Rafael Garces Perez sits at an intersection in Austin, Texas, Sept. 20, 2026. The food-delivery driver from Venezuela was shot by an immigration enforcement agent during a traffic stop. Reporting from The Atlantic suggests the officer who opened fire had prior law enforcement experience, but was hired last year and wasn’t wearing a body camera. According to a visual and audio analysis by The New York Times, an officer exited an unmarked SUV and shot at Mr. Garces’ car from the side, through the rear passenger window.Ms. Lincoln-Goldfinch says Mr. Garces had been sideswiped by an unmarked car. She says he has been hospitalized at least twice since the gunshot wound to his back, and remains detained. A federal judge has halted his deportation for now, with a hearing scheduled next week.Homeland Security InvestigationsFacts might change as evidence emerges.DHS and Mr. Garces’ lawyer both agree that the Venezuelan entered the United States during the Biden administration, but their accounts diverge on how.The government says he entered the country illegally. But Ms. Lincoln-Goldfinch says he entered lawfully after presenting himself at a port of entry, through a process that relied on an app then known as CBP One. Trump officials have questioned whether President Joe Biden had the authority to allow that process.DHS says that Mr. Garces was ordered deported. Ms. Lincoln-Goldfinch says he received that order because he missed a court date after a notice was sent to the wrong address. Immigration attorneys say it’s a common and often consequential mistake. Meanwhile, the Department of Homeland Security said a division within ICE – Homeland Security Investigations – is leading the investigation into the shooting, with assistance from the FBI. Rosanne Hughes, a spokesperson for the FBI’s San Antonio division, referred questions to HSI.HSI specializes in cross-border criminal investigations, though its special agents have been drawn into more immigration enforcement and voter fraud investigations during the Trump administration. While the scope of HSI’s current shooting investigation is unclear, former officials say the agency traditionally hasn’t investigated officer conduct.While HSI might investigate alleged assaults against officers that preceded such shootings, the agency instead would typically refer investigations into officers to other entities, such as ICE’s Office of Professional Responsibility, former officials say.Within ICE, HSI has “historically never done any shooting investigations,” which have been handled by the FBI, says Eric Balliet, a former HSI official who retired during the Biden administration and served in the Office of Professional Responsibility. “You’re essentially investigating yourself.”An independent watchdog within DHS, the Office of Inspector General, declined to confirm or deny an investigation into Sunday’s shooting. In January, the office announced an audit of ICE’s handling of allegations of excessive use of force. In Texas, Austin Police Chief Lisa Davis has called on the public to share information to aid her department’s investigation. The Texas Department of Public Safety did not immediately respond to requests for comment on its potential involvement.“An arrangement with state and locals is a good thing for everybody,” because of their expertise in shooting investigations, says Jerry Robinette, a former HSI official who retired during the Obama administration. Deepen your worldviewwith Monitor Highlights.Politics with respectGet political stories with respectful analysis.There‘s a world of new ideas in everyBooks newsletter.There‘s more to life, enrich yours withCulture & Learning weekly.Follow humanity‘s discoveries withScience & Nature stories in your inbox.Gain a spiritual perspectivefrom the stories in your inbox.Want to understand the deeper impact of critical events? Learn the Monitor‘s insight.Already a subscriber? Log in to hide ads. Yet hyperpartisan politics of immigration has made that collaboration difficult, he says.Sarah Matusek reported from Denver. Henry Gass reported from Austin, Texas. ALREADY A SUBSCRIBER? LoginReal news can be honest, hopeful, credible, constructive.The Christian Science Monitor was founded in 1908 to lift the standard of journalism and uplift humanity. We aim to “speak the truth in love.” Our goal is not to tell you what to think, but to give you the essential knowledge and understanding to come to your own intelligent conclusions. Join us in this mission by subscribing.