The shooting of a man in Austin by an Immigration and Customs Enforcement agent has become the latest flashpoint in America's divide over enforcing immigration law.
Protests erupted in Texas' capital city on Sept. 20 after an ICE agent shot and wounded Wilber Rafael Garcés Pérez, 28, a Venezuelan DoorDash driver.
CNN reported that bystander video shows an ICE agent’s vehicle striking Garcés Pérez’s car, followed by gunshots. At a Sept. 21 news conference, calling in from detention, Garcés Pérez denied running from the agent, disputing the Department of Homeland Security’s account of a foot pursuit.
According to his attorney, Kate Lincoln-Goldfinch, Garcés Pérez was released from the hospital straight into ICE custody, with no pain medication. She
told reporters he entered the United States in 2024 through the Biden-era CBP One app, had a work permit and was seeking asylum, but received a deportation order in absentia after a hearing notice was sent to the wrong address.
Garcés Pérez should not be deported until the investigation is complete.
DHS revoked CBP One parolees' status when President Donald Trump returned to office, though a federal judge has since ordered it restored pending litigation.
In a lengthy statement released on Sept. 22, DHS refuted claims that Garcés Pérez was not receiving proper medical care, stated that his work permit expired in 2025, and reminded the public that resisting arrest and evading officers is dangerous for all involved.
The Austin American-Statesman reported that video footage calls into question Garcés Pérez's claim that he didn't flee agents.
DHS posted on X that it is investigating with the FBI, maintaining that Garcés Pérez "illegally entered our country under the Biden administration and had a final order of removal."
CBS News reported that the ICE officer who shot him has been placed on administrative leave.
Austin's Democratic leaders reacted with fury. Mayor Kirk Watson said he wants the city's police department to participate in the investigation as a third party. U.S. Rep. Greg Casar went further.
"The vast majority of people being pulled over have zero criminal records," Casar told reporters Sept. 21. "ICE has not made us more safe by arresting 5-year-olds, by shooting delivery drivers, by raiding construction sites. We will all be more safe when ICE gets the hell out of Austin, Texas."
Democrats continue to oppose enforcing immigration law
I support ICE, and incidents like this still frustrate me. The use of force here is troubling, and there are two competing accounts of what happened and Garcés Pérez's legal status.
Texans deserve the truth. Democrats are right to demand answers about the Austin shooting. They're wrong to treat ICE itself as illegitimate. Local officials should be pushing federal agents to enforce the law well, not undermining the agency tasked with our security.
On Sept. 22, the ranking members of the Senate Permanent Subcommittee on Investigations and the House Committee on Oversight and Government Reform held a hearing on the deaths of Renee Good and Alex Pretti, both killed by federal agents in Minneapolis in January. Good and Pretti were U.S. citizens who interfered with ICE operations.
The congressional hearing also reviewed other deaths, including Ruben Ray Martinez and Lorenzo Salgado Araujo in Texas, and Johan Sebastián Durán Guerrero in Maine.
ICE’s critics have legitimate concerns. These cases deserve answers, and ICE agents should be held accountable while DHS works to prevent unnecessary casualties. But even with all the questions I have about the Austin shooting, it's frustrating to watch Texas Democrats immediately condemn ICE wholesale, telling the agency in no uncertain terms to "get the hell out."
In January, Casar urged Senate Democrats to reject ICE funding, part of a broader pattern of Democrats calling to defund or abolish the agency after incidents like this one. Treating ICE as illegitimate is irresponsible. Enforcing immigration law is a legitimate function of government – one of its most important.
ICE is necessary to maintain law and order
A city or state that won't enforce the law isn't safe for its citizens. A country without secure borders is ripe for crisis and chaos. I'm glad Trump is reining this in through ICE, even though there have been mistakes.
Successful efforts rarely make news, even as they make communities safer. ICE said a recent five-day Indiana operation led to 426 arrests of people here illegally, including some with criminal histories involving sex crimes and assault. Its Dallas field office announced 39 people indicted or charged after a child exploitation operation. And in July, ICE made nearly 50,000 arrests, the highest monthly total of Trump's second term.
Democratic lawmakers rarely applaud these successes, and they show little of the same sympathy for the victims of illegal immigration.
They're right to demand answers about the Austin shooting. But they're wrong to call for ICE to leave Texas. Secure borders and safe cities depend on it staying.
Nicole Russell is an opinion columnist with USA TODAY. She lives in Texas with her four kids. Sign up for her newsletter, The Right Track, and get it delivered to your inbox.
This article originally appeared on USA TODAY: Austin ICE shooting proves we've lost ability to wait for facts | Opinion
