ICE Agent Shoots Venezuelan Migrant in Austin After Foot Pursuit
The incident adds a documented use-of-force case to an ongoing federal debate over ICE operational protocols, with an active investigation determining whether agency guidelines were followed.
A U.S. Immigration and Customs Enforcement agent shot and wounded a 28-year-old Venezuelan national in Austin, Texas, on Sunday, September 20, 2026, following a foot pursuit on the city's north side, according to Austin Police Chief Lisa Davis at a media briefing cited by the New York Post.
The individual was identified by his attorney as Wilber Rafael Garces Perez. Garces Perez was struck once in the torso, according to Chief Davis. His attorney has not publicly specified his current immigration status in court filings available at the time of publication.
The shooting occurred shortly before 1 p.m. Local time. Austin Police Department confirmed the sequence of events as a "small foot pursuit" preceding the discharge of a firearm by the ICE agent. No additional details about the nature of the initial enforcement contact have been confirmed in any public record reviewed for this report.
Protests broke out near the scene following the incident, according to the same New York Post report. The number of protesters, any arrests, and the duration of the demonstration are not confirmed in any public record or verified police report available as of publication.
ICE's use-of-force policy is governed by the agency's National Use of Force Policy, a public document last updated in 2019 and maintained by the Department of Homeland Security. That policy requires agents to use force only when necessary, to de-escalate when possible, and mandates a post-incident review whenever a firearm is discharged. Whether such a review has been initiated in this case is not confirmed in any public record.
Use-of-force incidents involving ICE agents are tracked internally by DHS's Office of Inspector General, which publishes reports on a periodic basis. No OIG report specific to this incident has been filed in the public record as of September 21, 2026.
The Austin shooting comes amid a broader congressional debate over ICE enforcement practices. The House Judiciary Committee and Senate Homeland Security Committee each hold oversight jurisdiction over ICE operations. Neither committee has issued a public statement or announced a hearing related to this specific incident as of the time of publication. Rep. Salazar has separately challenged White House immigration policy in a paid advertisement, illustrating that immigration enforcement remains an active legislative and political issue in the current session.
Venezuela is among the countries designated by DHS as subject to specific removal proceedings, given the absence of a full deportation agreement between the U.S. And Venezuelan governments as of 2026. This designation affects the legal pathway for removal of Venezuelan nationals apprehended by ICE, though the legal status of Garces Perez specifically has not been confirmed by any court filing or immigration record reviewed for this story.
Under federal law, specifically 8 U.S.C. Section 1357, ICE agents are authorized to make arrests of individuals believed to be in violation of immigration law. The statute does not grant blanket authority for use of deadly force, which is instead governed by the Fourth Amendment and Department of Justice guidelines incorporated into DHS policy.
Several facts remain unknown and are not established by any public record currently available. These include: the specific reason ICE agents approached Garces Perez, whether Garces Perez was armed, the current condition of the individual beyond the confirmed torso wound, whether criminal charges have been filed against the agent or the individual, and whether the DHS OIG has opened a formal investigation. A DHS OIG incident report, Austin Police Department incident report, and any filed court documents would be the records most likely to answer these outstanding questions.