The man suspected of attacking Speaker Nancy Pelosi's husband in their San Francisco home last week is in the United States illegally, a Department of Homeland Security spokesperson confirmed Thursday.
"U.S. Immigration and Customs Enforcement (ICE) lodged an immigration detainer on Canadian national David DePape with San Francisco County Jail, Nov. 1, following his Oct. 28 arrest," the DHS spokesperson said in a statement to NBC Bay Area.
DePape, 42, is being held in San Francisco County jail on attempted murder and multiple other felony charges after he allegedly broke into the Pelosi home in Pacific Heights and brutally assaulted Paul Pelosi with a hammer. Court documents show he was looking for Nancy Pelosi and wanted to break her kneecaps.
DePape's last known residence was in Richmond, California.
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The DHS official went on to say records show that DePape entered the U.S. on March 8, 2008, at San Ysidro Point of Entry as a temporary visitor, classified under the Immigration and Nationality Act as a B2.
The spokesperson added that admissible Canadian travelers who present themselves as a visitor for business or pleasure generally do not require a visa and are generally admitted for 6 months in the U.S.
ICE places immigration detainers on individuals who have been arrested on criminal charges and who ICE has probable cause to believe are removable under the Immigration and Nationality Act (INA), the spokesperson continued. The detainer requests the other law enforcement agency to notify ICE before a removable individual is released from custody so that ICE can take custody of that person in a safe and secure setting.
DePape has pleaded not guilty to the charges and is scheduled to be back in court Friday.