David DePape, accused of violently assaulting Paul Pelosi last week, was in the United States illegally and could be deported, the Department of Homeland Security reported Wednesday.
“U.S. Immigration and Customs Enforcement (ICE) booked Canadian national David DePape into the San Francisco County Jail following his arrest on October 28,” the department said.
ICE requires that federal, state, and local law enforcement agencies, which it calls immigration “detainers,” notify ICE that the agency intends to detain the individual and that ICE be notified before the individual is released.
Deportation usually occurs after criminal cases are resolved, so it is unlikely that the detainee’s case will be unaffected. But after a conviction and sentence, the U.S. routinely seeks deportation.
According to federal records, DePape, a Canadian citizen, entered the country as a temporary visitor on March 8, 2008, at the San Ysidro port of entry on the California-Mexico border. Generally, Canadians visiting for business or pleasure do not require a visa and are allowed to stay in the US for up to six months.
DePape, 42, has been charged with multiple crimes including assault, murder and attempted kidnapping after breaking into Pelosi’s San Francisco home last week, the US Attorney’s Office and the San Francisco District Attorney announced Monday.
He was charged with “attempted kidnapping of a US official,” according to the US Attorney’s Office for the Northern District of California. The case also involves Nancy Pelosi, who DePape told police she “planned to arrest,” according to FBI testimony released Monday.
DePape pleaded not guilty Tuesday to all state charges during his first court appearance. He has yet to file a complaint in federal court.
Correction: This story has been updated to correct the date of DePape’s arrival in the country. It was March 8, 2008.