**Chicago Woman Shot by Federal Agent Had Been Identified as Threat Following Social Media Post**
CHICAGO (WLS) — Marimar Martinez, the Chicago woman shot multiple times by a federal agent last fall, was already on the government’s radar prior to the incident, according to a recent Customs and Border Protection (CBP) investigation report obtained by the ABC7 I-Team.
The report reveals that Martinez was identified as a potential threat based on social media postings. Specifically, it highlights a reshared post accompanied by the comment “they found him lol” from an “ICE watch” Facebook page. This page claims an ICE agent involved in Operation Midway Blitz was also active on YouTube.
According to the report, Martinez’s photo and information were disseminated to Operation Midway Blitz personnel using Department of Homeland Security (DHS) databases to confirm her identity. This tagging occurred five days before she was shot five times by Border Patrol Agent Charles Exum in Brighton Park last October.
**Free Speech Concerns and Lawsuit Filed**
Colin McDonell, an attorney with the Foundation for Individual Rights and Expression (FIRE), criticized the government’s actions, stating, “When the government investigates or threatens criminal prosecution or takes, really, any sort of action against somebody for what’s clearly protected speech, that’s retaliation for exercising your First Amendment rights, and it’s unconstitutional.”
McDonell currently represents two Chicago-area residents whose own “ICE Sighting” Facebook page and app were reportedly shut down due to government coercion. Those individuals face similar allegations of being threats to federal agents. This week, they filed a lawsuit against the government challenging these actions.
“What you can’t have is the government being able to crack down on any speech they don’t like just by saying that, it hypothetically could lead to some harm,” McDonell explained. “That’s an invitation for the government to control whatever it wants about our speech when we criticize or speak about the government.”
The duo’s EyesUp webpage, which features videos of ICE interactions, remains active via web browsers. Among the content available is footage showing the aftermath of the day Martinez was shot.
**Government Denies Existence of Protester Database**
During testimony before the House Committee on Homeland Security, Acting ICE Director Todd Lyons asserted that no database of protesters exists. When questioned by California Democrat Rep. Lou Correa about whether federal agents are surveilling Americans, Lyons responded, “No sir.” Correa further asked if photos of protesters exercising their First Amendment rights are collected and placed into any database. Lyons reiterated, “There is no database for protesters, sir.”
However, the CBP report directly contradicts this, confirming that Martinez was surveilled and DHS databases were utilized to confirm her identity and label her a threat.
McDonell warned of the chilling effect such government practices impose, saying, “When government officials are telling people that because they’re protesting, they could be put in a database, they could be made a target for federal investigation or even prosecuted, that creates a real chilling effect on our core First Amendment rights.”
**Unclear Whether Agent Was Aware of Threat Report**
It remains unknown whether Agent Charles Exum was aware of Martinez’s threat report prior to shooting her.
The Department of Homeland Security told the ABC7 I-Team that “ICE tracking apps put the lives of the men and women of law enforcement in danger.”
At the time of publication, Apple, Facebook, and the Department of Justice have not responded to ABC7’s requests for comment.
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**RELATED:**
– [Criminal investigation ongoing into agent who shot Chicago woman 5 times during ‘Midway Blitz’](link)
– [Judge rules to release bodycam video, photos from federal agents in Brighton Park shooting](link)
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https://abc7chicago.com/post/immigration-authorities-had-surveilled-marimar-martinez-chicago-woman-shot-5-times-during-operation-midway-blitz-cbp-report/18593132/