DHS Challenges Claims in Austin ICE Shooting

Federal agency releases detailed response but does not explain why the officer’s gunfire was necessary

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Law enforcement officers gather behind yellow crime-scene tape near the site of the ICE-involved shooting in Austin, Texas. The tape restricts access as authorities respond to the scene. Photo obtained from social media.
Law enforcement officers gather behind yellow crime-scene tape near the site of the ICE-involved shooting in Austin, Texas. The tape restricts access as authorities respond to the scene. Photo obtained from social media.
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Texas Border Business

The U.S. Department of Homeland Security has released a detailed response disputing several allegations surrounding the controversial shooting of Wilber Rafael Garces Perez during an immigration enforcement operation in Austin, Texas. The statement presents DHS’s official account and challenges claims concerning Garces Perez’s immigration status, medical treatment, and conditions while in federal custody. The department’s response, however, does not provide a detailed explanation of the circumstances that led the ICE officer to fire the shot or why the use of a firearm was considered necessary. The DHS release also contains several hyperlinks to supporting materials and other information cited by the department; those links are part of the agency’s original release. The following is the DHS statement as released by the department.

CORRECT THE RECORD: DHS Debunks False Narratives About Shooting of Illegal Alien in Austin, Texas

Release Date: September 22, 2026

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WASHINGTON – The United States Department of Homeland Security (DHS) released the following statement debunking many lies spread by the mainstream media, far-left activists, and sanctuary politicians regarding the shooting of a criminal illegal alien, who entered under the Biden Administration, by U.S. Immigration and Customs Enforcement (ICE) in Austin, Texas.

“Sanctuary politicians and the mainstream media have wasted no time in spreading lies about an ICE officer-involved shooting of an illegal alien in Austin, Texas,” said Secretary Markwayne Mullin. “Contrary to their claims, this person is an illegal alien who has no legal status to be here and has been given some of the best medical care he’s ever received in his life. No amount of smears and false narratives will slow down ICE from doing its job by removing dangerous illegal aliens from our communities and making America safe again. Sanctuary politicians may continue to shamelessly protect illegal aliens, but the Trump Administration will remain focused on protecting the American people.”

CLAIM: ICE refused to remove the bullet from the illegal alien’s body.

FACT: This is false. ICE does not and would not advise, nor be the authority on, a medical procedure for an illegal alien at a hospital. 

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CLAIM: The illegal alien had a valid work permit.

FACT: This is false. The illegal alien’s work permit expired in 2025. Furthermore, a work permit does NOT grant legal status.

CLAIM: The illegal alien was ordered removed in absentia.

FACT: Yes. This is why aliens must show up to their removal proceedings. Legal obligations do not end because someone’s address changed.

CLAIM: This illegal alien is here legally.

FACT: This is false. This person is in the U.S. illegally. He entered illegally under the Biden Administration. The illegal alien had no valid work permit, had no protective status, and had a final order of removal from a Department of Justice (DOJ) Immigration Judge.

CLAIM: This illegal alien has received no pain medication.

FACT: This is false. This illegal alien is receiving medical care around the clock, including pain medication.

CLAIM: The illegal alien has been forced to sleep on the floor.

FACT: This is false. This alien was released from the hospital and arrived at the detention facility just a few hours later, where he slept on a bed. Aliens in ICE custody receive a higher standard of living than most prisons that hold U.S. citizens.

CLAIM: This illegal alien was indiscriminately targeted by ICE.

FACT: This is false. This illegal alien was the subject of a targeted vehicle stop. What makes someone a target for immigration enforcement is whether or not they are illegally in the U.S.

Resisting officers and evading arrest is dangerous for our officers, illegal aliens, and the public. We remind the public that resisting officers and evading arrest is a felony and a federal crime. Sanctuary politicians need to stop encouraging this dangerous behavior that puts our officers and the public at risk.

This dangerous attempt to evade arrest comes after sanctuary politicians held webinars and provided resources and tips for how to openly defy ICE:

  • Alexandria Ocasio-Cortez hosted a webinar providing tips for illegal aliens to evade arrests at homes, workplaces, or in public.
  • Dan Goldman posted a video online calling on illegal aliens to make a plan for ICE encounters.
  • Los Angeles Mayor Karen Bass issued multilingual flyers and online resources advising illegal aliens on how to evade arrest.
  • California Governor Gavin Newsom released guides and sanctuary laws advising illegal aliens how to recognize ICE, block entry, and defy arrest.

CLAIM: That ICE needs to get out of Austin.

FACT: This is false. ICE will not be slowing down nor leaving Austin. DHS is tasked with enforcing the laws passed by Congress. We do not pick and choose which laws to enforce or where to enforce them. We will continue to enforce our nation’s laws.

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