An American citizen shot by a Customs and Border Protection (CBP) agent during an immigration enforcement operation in Chicago has filed a federal lawsuit against the U.S. government. Marimar Martinez, who was shot five times on October 4, 2025, during Operation Midway Blitz, alleges the agent who fired at her vehicle made false statements to investigators and that the shooting was unjustified.
The lawsuit, filed under the Federal Tort Claims Act, names the federal government as liable for the actions of the agent, who cannot be sued directly. Martinez’s legal team presented new forensic evidence Monday, including bullet trajectory analysis, which they say contradicts the agent’s initial account. The lawsuit seeks damages for the injuries sustained in the shooting.
Core facts of the incident
On October 4, 2025, Martinez was driving in Chicago’s southwest side when she was shot by Border Patrol Agent Charles Exum during a sweeping immigration enforcement operation. Federal prosecutors initially charged Martinez with using her vehicle to strike and box in Exum’s SUV, but those charges were dismissed within a month of the shooting. Martinez’s attorneys allege Exum fired five shots into her vehicle from the rear passenger side, contradicting his claim that he was in the path of her car when he opened fire.
Forensic evidence and legal arguments
Martinez’s legal team commissioned an expert to analyze the bullet wounds and trajectory patterns. Their findings, presented in the lawsuit, indicate that only three bullet holes were found in the windshield on the right passenger side, suggesting Martinez was not driving toward the agent. They further allege that a fourth shot entered through the front passenger side window, and a fifth bullet struck the back of her car seat, implying Exum fired from behind the vehicle. The lawsuit asserts that Exum told FBI investigators within hours of the shooting that Martinez was driving directly at him and that he ceased firing once she was no longer in his path.
Federal response and prior charges
Federal prosecutors initially accused Martinez of attempting to strike the agent with her vehicle, a claim that was later dismissed. The reversal of charges occurred within weeks of the shooting, though no public explanation was provided at the time. The lawsuit does not address the dismissal of charges but focuses on the alleged misconduct of the agent and the government’s liability for his actions.
Background on Operation Midway Blitz
Operation Midway Blitz was a multi-agency immigration enforcement initiative conducted in Chicago in 2025. The operation targeted individuals suspected of violating federal immigration laws, though specific details about the scope and methods of the operation have not been disclosed in the available reporting. The incident involving Martinez occurred during one of the operation’s enforcement actions.
Legal process moving forward
The lawsuit, filed in federal court, marks the beginning of a legal process that could take months or years to resolve. Under the Federal Tort Claims Act, the government has the opportunity to respond to the allegations and may contest the claims made by Martinez’s legal team. If the case proceeds, it could result in a trial where both sides present evidence and testimony regarding the circumstances of the shooting.