According to a statement made by the Department of Homeland Security late on Wednesday, David DePape, the man suspected of physically assaulting Paul Pelosi last week, was living in the country illegally and might be deported.

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Following his arrest on October 28, “U.S. Immigration and Customs Enforcement (ICE) lodged an immigration detainer on Canadian national David DePape with San Francisco County Jail,” the agency reported.

Federal, state, and local law enforcement agencies are notified by ICE through so-called immigration “detainers” that the agency intends to take custody of a person and demands that ICE be contacted before that person is released.

Given that deportations frequently take place after criminal trials are finished, the detainer is unlikely to have any impact on DePape’s case. However, the US would typically seek deportation following a conviction and prison sentence.

Canadian citizen DePape arrived in the country on March 8, 2008, at the San Ysidro port of entry, which is located near the California-Mexico border, as a short-term visitor, according to federal records. In general, Canadians visiting the US for business or pleasure are not required to obtain a visa and are permitted a six-month stay.

Following last week’s break-in at Pelosi’s San Francisco home, DePape, 42, was charged with a slew of offences, including assault, attempted murder, and attempted kidnapping, the US attorney’s office and San Francisco district attorney stated on Monday.

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The US attorney’s office for the Northern District of California stated that he was charged with one count of “attempted kidnapping of a US official.” An FBI complaint that was also made public on Monday states that the accusation refers to Nancy Pelosi, whom DePape allegedly informed officers he intended to “keep hostage.”

During his first court appearance on Tuesday, DePape pleaded not guilty to all state charges. In federal court, he has not yet entered a plea.

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