Chicago woman shot 5 times by Border Patrol agent files federal lawsuit
· WGN9CHICAGO (WGN) — A Chicago woman who was shot five times by a Border Patrol agent during Operation Midway Blitz filed a lawsuit against the federal government Monday, calling for more action against the agent who shot her.
Marimar Martinez said the encounter with Border Patrol agents happened in Oct. 2025. She was allegedly heading to church to drop off clothing donations when she noticed immigration officers on her street.
“For the next 15 to 20 minutes, I followed these Border Patrol agents through my neighborhood, honking my horn, shouting out ‘La Migra,’” Martinez said while testifying on Capitol Hill in Feb.
Martinez said the driver of the Border Patrol vehicle she was following made eye contact with her before swerving into and hitting her truck.
“I drove forward and went around the Border Patrol agent who jumped out of his car and pointed his gun at me. I moved to the far-left lane, striking the curb on the far-left side of Kedzie (Avenue). The next thing I knew, I felt a burning sensation in my arms and legs,” Martinez said. “As I continued trying to drive past the Border Patrol agents, I could hear my back passenger window shatter, and I felt bullets continue to pierce my body.”
The Department of Homeland Security called her a domestic terrorist and charged her with using her vehicle to assault federal agents.
However, the Department of Justice later dropped all charges against her.
While addressing the civil lawsuit outside a downtown Chicago law office Monday, attorneys representing Martinez said they are seeking more transparency and accountability.
“We are here today, exactly one year and one day after the shooting of Marimar by agent Charles Exum. As you all know, there has been absolutely zero progress from the Department of Justice as far as accountability goes,” attorney Chris Parente said. “There’s been no investigation. There’s been no charges.”
The lawsuit alleges that Border Patrol’s account of the shooting contradicts what Martinez says actually happened.
The Department of Homeland Security said that during the immigration crackdown altercation, Martinez tried to ram agents with her vehicle. Martinez maintains that she was driving away from them when one of the agents fired into her vehicle.
“What we’ve done here as a defense team is that we essentially became our own Department of Justice. We have hired our own experts, we have done our own investigation,” Parente said.
Martinez’s attorneys presented new video and photo evidence from the incident, saying it shows the agent was not in harm’s way when he started shooting. Martinez said she and her family saw the material for the first time Sunday.
“It brought a lot of clarity for them. They got a lot of answers on what happened on Oct. 4,” Martinez said.
Martinez said she’s thankful to be alive to share her story and wants to fight for others affected by Operation Midway Blitz.
“I want to spread awareness because what’s happening is not normal. We shouldn’t sit here and normalize what’s happening,” Martinez said.
Martinez and her attorneys have been planning to sue for months.
In Feb., they filed an administrative Federal Tort Claims Act complaint, the first step in the lengthy process of filing a lawsuit against the federal government.