AUSTIN, Texas — A man shot by an ICE officer in North Austin has pleaded not guilty as federal officials prepare to highlight results from a statewide immigration enforcement effort in Texas.
Wilber Garcés Pérez pleaded not guilty Oct. 27 and waived his appearance at an arraignment scheduled for Thursday. The shooting happened Sept. 20 after an encounter that began while Garcés Pérez was making a food delivery.
Federal prosecutors say Garcés Pérez drove away from a traffic stop and struck an officer with his side mirror. Prosecutors say a pursuit followed and that Garcés Pérez then tried to hit the officer with his car, prompting the officer to shoot. There was no body camera footage of the actual shooting.
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U.S. Rep. Greg Casar, D-Austin area, has been advocating for Garcés Pérez since the shooting.
“The federal government can’t be expected to just police themselves. They need to share evidence with local enforcement to be able to pursue his case because Wilber should not be deported or have his rights denied to him if he’s potentially a victim in this criminal case,” Casar said.
Casar also criticized ICE’s presence in communities.
“ICE should not be here in our communities. We should not have masked rogue agents shooting people. We’re just trying to live their lives or go to work. This does not threaten only immigrants, but naturalized citizens, green card holders, people born elsewhere, and US citizens born here. Have all been affected,” he said.
Garcés Pérez’s attorney says he entered the country legally under the Biden administration and applied for asylum, but a judge later issued a deportation order after he missed a court hearing. His attorney says the hearing notice was sent to the wrong address. The attorney also says Garcés Pérez received a work permit, but it expired last December.
In the federal case, a judge on Sept. 30 found Garcés Pérez a flight risk and ordered him held in continued federal custody. A grand jury indicted him Oct. 20. He now faces up to 20 years in prison if convicted.
Separately, the Homeland Security secretary and ICE officials are scheduled to hold a Dallas press conference today on Operation Lone Star Mission, a statewide enforcement effort. The press conference is set to begin at 3 p.m.