US citizen who was shot by immigration agent files lawsuit

A Chicago woman who was wounded in a 2023 encounter with a U.S. Immigration and Customs Enforcement (ICE) officer has filed a civil lawsuit against the federal government, alleging that the agent who fired at her vehicle lied about the circumstances of the shooting and deliberately shot from behind. The complaint, filed in federal court on Tuesday, claims the agency’s account of the incident is false, that the officer violated the woman’s constitutional rights, and that ICE failed to properly supervise its personnel..

The case adds to a growing wave of litigation targeting federal immigration enforcement practices following a series of high‑profile incidents that have sparked public debate over the use of force by agents.The plaintiff, identified in the filing as Maria Hernandez, is a 28‑year‑old U.S. citizen of Mexican descent who was traveling with her 10‑year‑old son on a Sunday afternoon in the West Loop when an ICE vehicle stopped them. According to the lawsuit, the officer approached the car, demanded identification, and then, without warning, fired several rounds into the vehicle from the rear, striking Hernandez in the left shoulder and causing her son to suffer a concussion..

Hernandez was taken to a local hospital, where she was treated for a gunshot wound and released after a week of observation. She says the incident left her with lingering physical pain and emotional trauma, including anxiety about future interactions with law enforcement.ICE officials, in a statement released after the lawsuit was filed, said the agency “takes any allegation of misconduct very seriously” and that the officer involved “has been placed on administrative leave pending a thorough investigation.” The department’s spokesperson, Special Agent Thomas Reed, added that ICE agents are trained to follow strict use‑of‑force protocols and that any deviation from those guidelines would result in disciplinary action. The agency has not yet disclosed the officer’s name, citing standard privacy protections for law‑enforcement personnel under investigation.Hernandez’s attorney, Lisa Monroe of the civil‑rights firm Monroe & Associates, argues that the official narrative provided by ICE is contradicted by video footage captured by a by‑stander on a smartphone..

The grainy clip, which the plaintiff’s legal team says they have submitted as evidence, shows the ICE vehicle pulling up behind the Hernandez family’s sedan, the officer stepping out with his weapon drawn, and a series of gunshots being fired from the rear of the car. Monroe contends that the officer’s claim that he fired because he feared an imminent threat is “unsupported by any credible evidence” and that the shots were fired from a position that made it impossible for Hernandez to have posed a danger.The lawsuit also alleges that ICE violated Hernandez’s Fourth Amendment right against unreasonable searches and seizures, as well as her Fifth Amendment right to due process. It seeks compensatory damages for medical expenses, lost wages, and pain and suffering, as well as punitive damages intended to deter future misconduct by federal agents..

Additionally, the filing requests that the court impose a “temporary restraining order” that would prevent ICE from conducting vehicle stops in the immediate area without clear, documented justification, a request that could have broader implications for the agency’s enforcement tactics in Chicago and other major cities.Legal experts say the case could test the limits of sovereign immunity, a doctrine that generally shields the federal government from being sued without its consent. While the Federal Tort Claims Act (FTCA) provides a limited waiver of immunity for certain actions of federal employees, it also contains an “intentional tort” exception that bars claims arising from deliberate wrongdoing. Monroe’s team argues that the officer’s alleged deception and reckless use of force constitute intentional torts that fall outside the FTCA’s protections..

“If an officer lies under oath and fires a weapon without justification, the government cannot hide behind sovereign immunity,” Monroe told a reporter on the courthouse steps.The filing arrives at a time when ICE’s operational posture is under intense scrutiny. In the past year, the agency has faced criticism for its role in the rapid deportation of migrants, the use of detention facilities with reported safety concerns, and several incidents in which agents were accused of employing excessive force. A separate case in Arizona, where an ICE officer was charged with assault after a 2022 raid, resulted in a settlement that required the agency to overhaul its training programs..

Advocates for immigrant rights have called for a comprehensive review of ICE’s use‑of‑force policies, arguing that the agency’s broad authority often leads to “mission creep” and inadequate oversight.Chicago’s mayor, Brandon Johnson, issued a statement expressing “deep concern” over the allegations and pledged to cooperate with any federal investigation. “Our city’s residents deserve to feel safe, regardless of their immigration status,” Johnson said. He also urged the Department of Homeland Security to provide a transparent account of the incident and to ensure that any officers found to have acted improperly are held accountable..

Local community leaders have organized a series of town‑hall meetings to discuss the impact of immigration enforcement on neighborhoods that are already grappling with crime and economic challenges.The Department of Homeland Security, which oversees ICE, has not yet commented on the specifics of the lawsuit beyond the standard disclaimer about ongoing investigations. However, a senior DHS official, speaking on condition of anonymity, indicated that the agency is reviewing its vehicle‑stop procedures and that “any credible evidence of misconduct will be addressed decisively.” The official added that ICE agents receive regular training on de‑escalation techniques and that the agency is exploring the integration of body‑camera technology to increase transparency during field operations.If the court allows the suit to proceed, it could open the door for additional civil actions against ICE and other federal law‑enforcement bodies. Civil‑rights groups have been closely monitoring the case, noting that a successful outcome could set a precedent for holding the federal government accountable in similar situations..

“This is not just about one woman’s experience,” said Jamal Thompson, director of the nonprofit Justice for All. “It’s about establishing that federal agents are subject to the same legal standards as any other public servant when they overstep the law.”The case is scheduled for a preliminary hearing in mid‑December, at which time the judge will decide whether to grant the requested temporary restraining order and whether the lawsuit can move forward past the government’s motion to dismiss. Both parties have filed extensive briefs outlining their positions on the applicability of the FTCA and the scope of the alleged constitutional violations..

Legal analysts predict that the proceedings could extend for months, potentially culminating in a trial that would draw national attention to ICE’s operational conduct.Regardless of the legal outcome, the incident has already prompted a reevaluation of how immigration enforcement is carried out in densely populated urban areas. City officials, community activists, and federal agencies are now tasked with balancing the imper.