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US attorneys offered no justification for their sudden decision to dismiss the case.
Federal prosecutors on Thursday moved to drop criminal charges against Marimar Martinez, a woman who was shot multiple times by a US Border Patrol agent last month in Chicago's Brighton Park neighborhood.
As reported by local news station WTTW, prosecutors filed a one-page motion asking the court to dismiss the indictment against both Martinez and Anthony Ian Santos Ruiz, who had been accused of assaulting a federal immigration officer by intentionally ramming their vehicle into the officer's car.
The US attorneys who filed the motion to dismiss offered no further explanation for their decision to drop the case.
In the indictment, prosecutors alleged that Martinez and Ruiz were part of a larger group of people in cars that was trailing immigration officers' vehicles as they conducted operations in Brighton Park.
Prosecutors said that the Border Patrol agent who shot Martinez had been acting in self-defense, and that he had only opened fire after Martinez's car collided with his vehicle.
However, recently uncovered text messages showed the Border Patrol agent apparently bragging about shooting Martinez, as he boasted that he "fired five rounds and she had seven holes" in a message sent to fellow agents.
An attorney representing Martinez claimed last month that he had seen body camera footage that directly undermined the US Department of Homeland Security's claims about how the shooting unfolded.
Gregory Pratt, an investigative reporter at the Chicago Tribune, said the dismissal of the case was yet more evidence that the Trump administration's aggressive immigration enforcement operations appear to be backfiring.
"This follows several dropped prosecutions against protesters," he wrote on Bluesky. "To say the immigration raids have been all around mess is an understatement."
“The department I once served is engaging in fascist shows of force,” said Miles Taylor, who served as chief of staff for the Department of Homeland Security during the first Trump administration.
Late at night on September 30, over 300 federal agents stormed an apartment building in one of Chicago's lowest-income neighborhoods. After descending from Black Hawk helicopters, they broke down residents' doors, destroyed furniture and belongings, deployed flash-bang grenades, and dragged sleeping people—some naked—out into the cold evening. Dozens of people, including children and American citizens, were held in zip ties and detained for hours.
As part of the highly publicized raid at the South Shore complex, which was filmed and edited into a miniature action film by the Department of Homeland Security (DHS), at least 37 Venezuelan residents of the apartment complex were taken into custody.
On Thursday, an investigation by ProPublica revealed that the raid, heralded by the Trump administration as a counterterrorism victory, has resulted in zero charges against the people who were detained.
In the wake of public backlash to the militarized raid’s extraordinary, indiscriminate brutality, the assistant secretary for public affairs at DHS, Tricia McLaughlin, claimed that the operation "successfully resulted in the arrest of two confirmed Tren de Aragua members,“ describing the cartel as ”a terrorist organization.“ She added that ”One of these members was a positive match on the terror screening watchlist.“
She added that others who were detained had their own rap sheets, including "domestic battery, family violence, battery against a public safety official, aggravated unlawful use of a firearm, retail theft, soliciting prostitution, possession of a controlled substance," while another "had an active warrant and was listed as armed and dangerous [with] weapons offenses."
Stephen Miller, a senior advisor to President Donald Trump and an architect of his "mass deportation" policy, said that the building was "filled with TdA terrorists" and that the raid had “saved God knows how many lives."
But ProPublica's report called many of the government’s claims into question. The government has not released the names of the 37 Venezuelans detained in the raid, but reporters identified the names of 21 of them and interviewed 12.
The report found that contrary to the government's claims of their rampant criminality, federal prosecutors have not filed criminal charges against a single person who was arrested. They have also not provided any evidence that two of the men arrested were part of the Tren de Aragua gang.
The names of the two supposed gang members have not been made public, but ProPublica managed to track down one of them—24-year-old Ludwing Jeanpier Parra Pérez—using another government press release that described him as a “confirmed member” of the terrorist cartel.
While the release also described him as a “criminal illegal alien,” the only criminal charges ever filed against him—for drug possession and driving without a license after a traffic stop last year—were dropped. No other charges against him, related to gang activity or anything else, have been filed.
"I don’t have anything to do with that,” Parra told ProPublica from the Indiana jail where he's detained along with 17 others nabbed in the raid. “I’m very worried. I don’t know why they are saying that. I came here to find a better future for me and my family.”
ProPublica said its reporters have also observed eight immigration court hearings for the detained individuals, many of whom have asked to be deported back to Venezuela. In not a single one of the hearings has a government attorney mentioned any pending criminal charges against them while arguing for their deportation, nor have they alleged that any of them have affiliations with Tren de Aragua.
Judges have instead ordered them deported or granted voluntary departure, which the outlet noted is "a sign that they are not seen as a serious threat and can apply for return to the United States."
Mark Rotert, a former federal prosecutor and defense attorney in Chicago, told ProPublica that if these detainees actually had the long criminal histories the government claimed they do, they would likely pursue charges.
“Do they really believe they have people who are members of a violent organized crime gang?" he said. "If they believe they have people who fit that criteria, I would be very surprised if they were satisfied with only deporting them.”
As far as other crimes, ProPublica found that 18 of the 21 detainees they identified had no criminal charges against them. Meanwhile, the other three, who were charged with offenses “ranging from drug possession to battery,” have all had their charges dropped.
Among those rounded up at the South Shore apartment who spoke to ProPublica were a man with a steady job at a taco restaurant who has a daughter in elementary school, and a construction worker and former Venezuelan army paratrooper who is raising four children.
The investigation's findings are in line with how the Trump administration has attempted to sell its militaristic Operation Midway Blitz and other prongs of its mass deportation crusade to the public.
While the White House has persistently claimed to be targeting “the worst of the worst” criminals, the latest immigration data shows that around 72% of current detainees have no criminal convictions. Previous data from the libertarian Cato Institute has shown that 93% of ICE book-ins were for non-criminals and nonviolent offenders.
Michael D. Baker, an immigration and criminal defense lawyer based in Chicago, described it as laughable that a "300-agent raid" was being "called a terrorist victory" even while it had "zero criminal charges."
"The Trump administration’s showcase anti-gang operation was built on spectacle, not evidence," he said.
In response to the story, Miles Taylor, who served in the DHS from 2017-19, including as its chief of staff, during the first Trump administration, lamented on social media that the department "is no longer recognizable."
"The department I once served is engaging in fascist shows of force," he said, "violating the rights of Americans—only to satiate the creepy desires of an old man who wants to seem macho."
"An ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien," said the ranking member of the House Homeland Security Committee.
Immigration agents are using facial recognition software as "definitive" evidence to determine immigration status and is collecting data from US citizens without their consent. In some cases, agents may detain US citizens, including ones who can provide their birth certificates, if the app says they are in the country illegally.
These are a few of the findings from a series of articles published this past week by 404 Media, which has obtained documents and video evidence showing that Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents are using a smartphone app in the field during immigration stops, scanning the faces of people on the street to verify their citizenship.
The report found that agents frequently conduct stops that "seem to have little justification beyond the color of someone’s skin... then look up more information on that person, including their identity and potentially their immigration status."
While it is not clear what application the agencies are using, 404 previously reported that ICE is using an app called Mobile Fortify that allows ICE to simply point a camera at a person on the street. The photos are then compared with a bank of more than 200 million images and dozens of government databases to determine info about the person, including their name, date of birth, nationality, and information about their immigration status.
On Friday, 404 published an internal document from the Department of Homeland Security (DHS) which stated that "ICE does not provide the opportunity for individuals to decline or consent to the collection and use of biometric data/photograph collection." The document also states that the image of any face that agents scan, including those of US citizens, will be stored for 15 years.
The outlet identified several videos that have been posted to social media of immigration officials using the technology.
In one, taken in Chicago, armed agents in sunglasses and face coverings are shown accosting a pair of Hispanic teenagers on bicycles, asking where they are from. The 16-year-old boy who filmed the encounter said he is "from here"—an American citizen—but that he only has a school ID on him. The officer tells the boy he'll be allowed to leave if he'll "do a facial." The other officer then snaps a photo of him with a phone camera and asks his name.
In another video, also in Chicago, agents are shown surrounding a driver, who declines to show his ID. Without asking, one officer points his phone at the man. "I’m an American citizen, so leave me alone,” the driver says. "Alright, we just got to verify that,” the officer responds.
Even if the people approached in these videos had produced identification proving their citizenship, there's no guarantee that agents would have accepted it, especially if the app gave them information to the contrary.
On Wednesday, ranking member of the House Homeland Security Committee, Rep. Bennie Thompson (D-Miss.), told 404 that ICE agents will even trust the app's results over a person's government documents.
“ICE officials have told us that an apparent biometric match by Mobile Fortify is a ‘definitive’ determination of a person’s status and that an ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien,” he said.
This is despite the fact that, as Nathan Freed Wessler, deputy director of the ACLU's Speech, Privacy, and Technology Project, told 404, “face recognition technology is notoriously unreliable, frequently generating false matches and resulting in a number of known wrongful arrests across the country."
Thompson said: "ICE using a mobile biometrics app in ways its developers at CBP never intended or tested is a frightening, repugnant, and unconstitutional attack on Americans’ rights and freedoms.”
According to an investigation published in October by ProPublica, more than 170 US citizens have been detained by immigration agents, often in squalid conditions, since President Donald Trump returned to office in January. In many of these cases, these individuals have been detained because agents wrongly claimed the documents proving their citizenship are false.
During a press conference this week, Homeland Security Secretary Kristi Noem denied this reality, stating that "no American citizens have been arrested or detained" as part of Trump's "mass deportation" crusade.
"We focus on those who are here illegally," she said.
But as DHS's internal document explains, facial recognition software is necessary in the first place because "ICE agents do not know an individual's citizenship at the time of the initial encounter."
David Bier, the director of immigration studies at the Cato Institute, explains that the use of such technology suggests that ICE's operations are not "highly targeted raids," as it likes to portray, but instead "random fishing expeditions."