Marimar Martinez Files Federal Lawsuit Over Chicago Border Patrol Shooting

CHICAGO — Marimar Martinez, a Chicago woman who was shot five times by a Border Patrol agent during Operation Midway Blitz, filed a lawsuit against the federal government on October 5, 2026. Her attorneys are seeking greater transparency and accountability over the shooting, which occurred approximately a year earlier, according to WGN.

The lawsuit disputes federal officials’ account of the encounter. While the Department of Homeland Security alleged that Martinez tried to ram agents with her vehicle, she maintains that she was attempting to drive away when an agent opened fire. Criminal charges brought against Martinez were later dropped by the Department of Justice, WGN reported.

What Martinez Says Happened During Operation Midway Blitz

Martinez said she encountered immigration officers in her neighborhood in October 2025 while heading to church to deliver clothing donations.

During testimony on Capitol Hill in February, she described following a Border Patrol vehicle for approximately 15 to 20 minutes, honking her horn and shouting “La Migra.” She said the driver made eye contact with her before swerving into her truck.

According to Martinez’s testimony, an agent exited the vehicle and pointed a gun at her. She said she drove around him, moved into the far-left lane on Kedzie Avenue and struck the curb.

Martinez described feeling a burning sensation in her arms and legs. As she continued trying to pass the agents, she said, her rear passenger window shattered and she felt additional bullets strike her.

DHS Allegations and the Dropped Criminal Charges

The Department of Homeland Security presented a different account, alleging that Martinez used her vehicle to assault federal agents. The agency also described her as a “domestic terrorist,” according to WGN.

The Department of Justice subsequently dropped all charges against Martinez. The WGN report does not explain the department’s reasons for doing so.

The competing accounts remain central to the civil lawsuit: federal officials alleged that Martinez threatened agents with her vehicle, while Martinez says she was driving away when she was shot.

Attorneys Present Video and Photos Challenging the Federal Account

Speaking outside a downtown Chicago law office on October 5, Martinez’s attorneys said they had conducted their own investigation and hired experts to examine the encounter.

Attorney Chris Parente identified the agent who shot Martinez as Charles Exum. Parente criticized what he described as a lack of accountability from the Department of Justice, saying there had been no investigation or charges against the agent. Those statements reflect the attorney’s account of the government’s response.

The legal team also presented new video and photographic material from the incident. Her attorneys said the evidence shows that the agent was not in harm’s way when he began shooting. WGN’s report presents that interpretation as the legal team’s claim, not a court finding.

Martinez said she and her family first viewed the material the Sunday before the announcement. She said it helped answer questions about what happened during the October 4 shooting.

Federal Lawsuit Follows Months of Preparation

Martinez and her attorneys had been preparing to sue for months. In February, they filed an administrative Federal Tort Claims Act complaint, which WGN described as an initial step toward bringing a lawsuit against the federal government.

Alongside her legal challenge, Martinez said she wants to raise awareness about the experiences of others affected by Operation Midway Blitz. She expressed gratitude that she survived and could tell her story.

“I want to spread awareness because what’s happening is not normal,” Martinez said. “We shouldn’t sit here and normalize what’s happening.”