Venezuelan DoorDash Driver Shot by ICE in Texas Faces Federal Assault Charge

Federal Assault Charges and Arrest Details

The federal criminal complaint filed against Garces Perez alleges that he struck an ICE officer with his car’s side-view mirror during a traffic stop near an Austin shopping center. Immigration officers initially ran a database check on his vehicle because its emergency lights were flashing, discovering it was registered to Garces Perez, who was subject to a final order of removal from the United States. Court documents describe the initial interaction as “pleasant and not aggressive” while Garces Perez handed over his driver’s license through a partially opened window. Approximately a minute later, the complaint states that Garces Perez closed his window and drove off, hitting an officer in the torso with the driver’s side mirror. One of the ICE officers pursued him in a vehicle and opened fire after alleging that Garces Perez tried to drive into him.

Conflicting Accounts of the Shooting

Federal prosecutors rely primarily on unreleased body-camera footage from one of the two ICE officers present at the scene. The second officer involved was not wearing a body camera, according to the federal affidavit. Garces Perez disputed this account when speaking with federal investigators. He stated that a law enforcement SUV struck his car after a brief chase, causing it to spin around before an officer shot him in the back.

Medical Concerns and Detention Conditions

Garces Perez’s legal representation, attorney Kate Lincoln-Goldfinch, reported that a bullet remains lodged in his body and that he sustained a fractured clavicle during the incident. During a news conference on Monday, Garces Perez stated by phone that he remains in severe pain and received minimal medical attention before being discharged quickly from the hospital into federal custody. Lincoln-Goldfinch also noted on social media that another detainee reported officers handling Garces Perez roughly upon his arrival at the detention facility, causing him to lose feeling on the left side of his body before being transported back to a hospital. A spokesperson for the Department of Homeland Security maintained that Garces Perez is receiving adequate medical care and remains in stable condition.

Asylum Status and Legal Proceedings

Garces Perez entered the U.S. in 2024 through the CBP One program to seek asylum and possesses a valid work permit, according to Lincoln-Goldfinch. His attorney explained that his final order of removal was issued in absentia after he missed an immigration court hearing because the notice was sent to an old address. Garces Perez faces up to 20 years in prison if convicted of assaulting, resisting, and impeding a federal officer. He is scheduled to appear before a federal immigration judge to address his removal proceedings amid an ongoing surge in ICE enforcement actions across the country.