Story summary
Marimar Martinez, a 31-year-old teaching aide from Chicago, filed a federal lawsuit against the U.S. government on October 8, 2026, one year after she was shot five times by Customs and Border Protection (CBP) agent Charles Exum. The shooting took place during Operation Midway Blitz, an immigration enforcement operation launched under the Trump administration. Martinez's attorneys claim new evidence shows that Exum did not face imminent danger when he fired, contradicting his initial statements to the FBI.
The lawsuit alleges negligence and seeks compensatory damages under the Federal Tort Claims Act, which allows citizens to sue the federal government rather than individual agents. According to Martinez’s lawyers, an expert analysis of bullet trajectories and her injuries indicates that Exum had walked several feet towards her car before firing from behind it, contrary to his initial claims. The attorneys presented a visual reconstruction showing Exum's position at the time of shooting based on surveillance video and bullet markings in her vehicle.
Martinez was initially charged with attempting to ram federal officers but those charges were dropped after prosecutors reviewed evidence contradicting Exum’s account. Her lawsuit aims not only for justice but also to prevent similar incidents from occurring in the future, highlighting concerns over immigration enforcement tactics during large-scale operations.
Written for “Chicago Woman Shot By Border Agent Sues” on 2026-10-07,
grounded in this article and the 5 other(s) covering the same event.
Chicago woman shot 5 times by an immigration officer sues the US government
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woman → shoot → government
"What's happening is not normal," said Marimar Martinez.
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Martinez → happen → ?
An American-born citizen who survived being shot multiple times by a federal immigration officer in Chicago last year has announced a lawsuit against the U.S. government, seeking to hold the agent who shot her accountable.
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Attorneys for Marimar Martinez provided reporters a forensic reconstruction of the Oct. 4, 2025, shooting that they say counters claims initially made by the Department of Homeland Security that a U.S. Customs and Border Protection agent, Charles Exum, was at risk of being struck by her vehicle when he opened fire.
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Martinez, 31, and her lawyers filed the federal lawsuit in Chicago on Monday.
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Flanked by her attorneys at a news conference on Monday, Martinez said she is taking the legal action in hopes it will prevent a repeat of what happened to her.
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"I want to spread awareness because what's happening is not normal," said Martinez, a Montessori school teacher's aide.
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"We shouldn't sit here and normalize what's happening, and I'm not going to sit here."
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The shooting occurred during the Trump administration's immigration crackdown in Chicago, which the government dubbed Operation Midway Blitz.
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A video that Martinez's lawyers played of the reconstruction of the shooting purports to show that Exum fired his government-issued Glock 47 handgun three times through the front of Martinez's windshield, once through the front passenger window, and again through the rear passenger window.
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Exum → play → window
"Within two seconds of exiting the SUV and without giving any verbal commands or warnings, Agent Exum fired his weapon five times into Marimar's vehicle, striking her seven times," the lawsuit alleges.
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lawsuit → exit → her
"The bullet hit both of Marimar's legs, her right thigh, her right forearm, and the right side of her chest."
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bullet → hit → chest
Martinez's lawyers voiced frustration that a year and a day after the shooting, the Department of Justice has not pressed charges against the agent.
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The attorneys are now filing their lawsuit through the Federal Tort Claims Act "for negligent or wrongful acts and omissions of its employees acting within the scope of their employment."
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"In what world can a U.S. law enforcement officer stand behind a car and fire his Glock service weapon through the rear passenger window at a young woman who's crouched over the steering wheel ...
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In what world can you justify that?
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You can't," Martinez's attorney, Christopher Parente, said at Monday's news conference announcing the lawsuit.
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Martinez's attorneys said their analysis of body-camera video from the CBP agents of the incident showed Exum allegedly saying, "all right, it's on now [expletive]" before exiting his SUV and shooting Martinez after ramming her vehicle.
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The Department of Justice declined to comment on ongoing litigation.
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In the immediate aftermath of the shooting, the Trump administration labeled Martinez a "domestic terrorist" and alleged she was "armed with a semi-automatic weapon" when she ambushed and rammed into a CBP agent's vehicle.
Martinez was found to have a handgun in her purse for which she had a license and a concealed carry permit, according to her attorney.
In November 2025, the Department of Justice abruptly and permanently dismissed the charges of assault with a deadly weapon against Martinez.
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Evidence released in court later appeared to contradict several of the administration's claims, including that Martinez rammed the CBP vehicle and was driving toward Exum when the agent opened fire.
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"The entry points and trajectory of Agent Exum's bullets provide objective evidence that Marimar was not driving toward Agent Exum when he fired his weapon, as he falsely claimed to the FBI," the lawsuit alleges.
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An ABC News analysis of the videos ordered released by a federal judge appeared to show armed agents riding in the vehicle with Exum attempting to taunt Martinez moments before Exum appeared to swerve into her vehicle.
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In response to a request from ABC News for comment on Martinez's lawsuit, DHS spokesperson reissued on Tuesday a previous statement, saying, "Consistent with policy, Agent Exum was placed on administrative leave.
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For further questions or requests regarding this case, we refer you to the DOJ.
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Martinez's lawsuit is the latest in a series of legal actions taken by people alleging they have been harmed by the Trump administration's immigration crackdown.
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The lawsuit came four days after the family of Renee Good, who was fatally shot earlier this year by a federal immigration officer in Minneapolis, filed two federal lawsuits against the U.S. government and several top federal officials.
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The lawsuits were filed nearly 10 months after Good, who was also a U.S. citizen and a mother of three, was in the driver's seat of her Honda Pilot in the middle of a residential street when an ICE agent opened fire.
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Federal officials say the agent acted in self-defense after Good tried to ram him with her car, allegations her family's attorneys allege are false.
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"What happened to her is completely senseless," Good's brother, Brent Ganger, said at an Oct. 1 news conference after the suit was filed.
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We will not go away."
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ABC News' William Hutchinson contributed to this story.
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