Federal prosecutors in Texas filed charges against Wilber Rafael Garces Perez, accusing the 28-year-old delivery driver of striking an immigration agent with his vehicle while attempting to evade arrest on September 20. Perez was shot during the operation in Austin and later suffered paralysis on the left side of his body. He now faces a criminal charge of assaulting a federal officer, according to court documents unveiled Tuesday.

The charges follow a dispute over Perez's legal status, with DHS claiming he is an illegal alien with a final order of removal while his lawyer maintains he entered via the CBP One program. Although no ICE body camera footage exists from the incident—despite agency pledges to equip all agents by August—newly released Austin Police video appears to contradict claims by Perez and his attorney that agents pulled him from his car after the shooting. A federal judge has issued a temporary halt on Perez's deportation.