The ICE officer who shot 28-year-old Wilber Rafael Garces Perez in Austin was not wearing a body camera, according to sources, intensifying demands for transparency. Local footage from other officers does not show the lead-up, and Austin officials say their officers were not involved. Garces Perez was hospitalized, taken into ICE custody and later transferred to a detention complex; his attorney has filed a habeas petition and a federal judge scheduled an in-person hearing for Sept. 30. Lawmakers and advocates have raised concerns about his medical care, including reports that a specialist said surgery is needed to remove a bullet.
ICE Officer Who Shot Venezuelan DoorDash Driver Was Not Wearing Body Camera, Sources Say
Law enforcement officers retreat as people protest ICE on Sept. 20, 2026, in Austin, Texas. / Credit: Brandon Bell / Getty Images
An Immigration and Customs Enforcement (ICE) officer who shot a Venezuelan delivery driver in Austin, Texas, on Sunday was not wearing a body camera at the time of the shooting, sources familiar with the investigation told CBS News.
What Happened
Authorities say the officer shot 28-year-old Wilber Rafael Garces Perez in the upper torso while Garces Perez was working for DoorDash. Garces Perez was hospitalized after the incident and then taken into ICE custody; federal officials say he has a final deportation order.
Body Camera Questions
Local authorities released dash-cam and body-camera footage from an off-duty officer and a responding Austin officer who arrived after the shooting, but those clips do not show the events leading up to the shooting. Sources told CBS News and The Atlantic that the ICE officer who fired the shot was not wearing a body-worn camera, a detail that has increased calls for transparency and an independent review.
"The relevant agencies should make all available footage public so there can be a clear and complete understanding of what happened," Garces Perez's attorney, Kate Lincoln-Goldfinch, wrote on X.
Officer Background and Policy Context
Law enforcement sources said the officer who fired the shot joined ICE last year after previously serving as a Border Patrol agent with U.S. Customs and Border Protection. Homeland Security Secretary Markwayne Mullin had announced that ICE officers would be equipped with body cameras by the end of September, saying, "We're getting close. By the end of September, I'm pretty sure we will be there." Department of Homeland Security representatives did not immediately respond to questions about why the officer was not wearing a camera.
Medical Care, Custody and Legal Action
After initial hospitalization, Garces Perez was taken into ICE custody and later transferred to the South Texas Detention Complex in Pearsall. Lawmakers and advocates have raised concerns about his medical treatment and communication access. Representative Joaquin Castro said Garces Perez was returned to a hospital on Monday after reporting numbness on the left side of his body and believing a bullet remained lodged in his back. Representative Greg Casar said a specialist told Garces Perez he would require surgery to remove the bullet.
Lincoln-Goldfinch filed a habeas petition seeking Garces Perez's release from ICE custody on constitutional grounds. On Monday, U.S. District Judge Orlando Garcia set an in-person hearing on the habeas claim for Wednesday, Sept. 30, effectively pausing any deportation until the hearing.
Reaction
The shooting has prompted local protests and calls for an independent, transparent investigation into the use of force by federal immigration agents. Local officials, including Austin Police Chief Lisa Davis and Mayor Kirk Watson, have said Austin officers were not involved in the shooting itself.
What’s next: Investigations by federal and local authorities are ongoing. Advocates and lawmakers are pressing for all available footage and medical records to be released to clarify the circumstances that led to the shooting.
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