Chicago Woman Shot by Border Patrol to Attend Trump's State of the Union

Marimar Martinez plans to attend as guest of Rep. Chuy Garcia after federal charges were dropped

Feb. 5, 2026 at 3:31pm

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Marimar Martinez, a Chicago woman who was shot five times by a Border Patrol agent in October 2025, plans to attend President Trump's State of the Union address later this month as the guest of U.S. Rep. Jesus "Chuy" Garcia (D-IL). Martinez's attorney has sought to have body camera footage and other evidence from her case released, arguing the Trump administration has continued to describe her as a "domestic terrorist" even after federal prosecutors dropped the criminal case against her.

Why it matters

This case has raised concerns about the use of force by federal immigration agents and the treatment of Latinos by law enforcement. Martinez's attendance at the State of the Union could draw further attention to these issues and the ongoing dispute over the release of evidence in her case.

The details

Martinez was shot five times in Brighton Park on October 4, 2025. Federal agents claimed she chased them and rammed her car into an agent's car during an immigration protest, but prosecutors later dropped the assault charges against her. Martinez's attorney argues it was the federal agents who rammed her car and used unjustified force in shooting her. The attorney also says crucial evidence was mishandled when the agent who shot Martinez was allowed to drive his car back to Maine after the incident.

  • On October 4, 2025, Marimar Martinez was shot five times by a Border Patrol agent in Chicago.
  • In November 2025, federal prosecutors dropped the assault charges that had been filed against Martinez.
  • In early February 2026, Martinez plans to attend President Trump's State of the Union address as the guest of Rep. Chuy Garcia.

The players

Marimar Martinez

A Chicago woman who was shot five times by a Border Patrol agent in October 2025. Federal prosecutors later dropped the assault charges against her.

Rep. Jesus "Chuy" Garcia

The U.S. Representative from Illinois who has invited Marimar Martinez to attend the State of the Union address as his guest.

Christopher Parente

The attorney representing Marimar Martinez, who has sought to have body camera footage and other evidence from her case released.

Charles Exum

The Border Patrol agent who shot Marimar Martinez five times in October 2025.

Kristi Noem

The current Secretary of Homeland Security, who is likely to be present at the State of the Union address.

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What they’re saying

“Perhaps former Commander of the Border Patrol Gregory Bovino will also be present. There is no doubt that between now and February 24, 2026, DHS will continue to defame Marimar and continue to brand her as a 'domestic terrorist,'”

— Christopher Parente, Attorney for Marimar Martinez (cbsnews.com)

“Marimar Martinez had no say in being branded as a 'domestic terrorist' by her government. The Government drafted those words. The Government sent those words out to the world. Unlike Exum, she never had a say in the things being written about her, as opposed to Exum having had full say in the things he chose to write and disseminate,”

— Christopher Parente, Attorney for Marimar Martinez (cbsnews.com)

“The government told the people they were targeting the worst of the worst, but their actions demonstrated otherwise. They are targeting individuals who fit a certain profile, who simply have a certain accent, a non-white skin color, just like me.”

— Marimar Martinez (cbsnews.com)

What’s next

U.S. District Judge Georgia Alexakis is expected to rule on Friday on Parente's request to release body camera footage and other evidence from Martinez's case.

The takeaway

This case highlights ongoing concerns about the use of force and potential racial profiling by federal immigration agents, as well as the Trump administration's continued efforts to portray Martinez as a "domestic terrorist" despite the lack of charges. Martinez's attendance at the State of the Union could further elevate these issues and the dispute over the release of evidence in her case.