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Paul Pelosi’s attacker was in the US illegally.

(CNN) — David DePape, the man accused of violently attacking Paul Pelosi last week, was in the United States illegally and could be deported, the Department of Homeland Security said Wednesday night.

“Immigration and Customs Enforcement (ICE) served an immigration detainer against Canadian citizen David DePape at the San Francisco County Jail on November 1, following his arrest on November 28. October,” the department reported.

ICE issues so-called immigration “detainers” to federal, state, and local law enforcement agencies to inform them that it intends to take a person into custody and so that ICE is notified before that person is released.

The detainer is unlikely to affect DePape’s case, as deportations typically occur after criminal cases are resolved. But after the conviction and prison sentence, the normal thing would be for him to be deported.

According to federal records, DePape, a Canadian citizen, entered the country on March 8, 2008, through the San Ysidro port of entry, which is on the California-Mexico border, as a temporary visitor. Canadians visiting the country for business or pleasure generally do not need a visa and can stay in the US for six months.

Conspiracy theories take hold after the attack on Pelosi 3:37

DePape, 42, has been charged with a long list of felonies including assault, attempted murder and attempted kidnapping, following last week’s break-in at Pelosi’s home in San Francisco, the U.S. Attorney’s Office announced Monday. and the San Francisco District Attorney.

He was also charged with “attempted kidnapping of a United States official,” according to the US Attorney’s Office for the Northern District of California. That charge relates to Nancy Pelosi, whom DePape told police he planned to “hold hostage,” according to an FBI affidavit also unsealed Monday.

DePape pleaded not guilty Tuesday to all state charges during his initial court appearance. He has yet to enter a guilty plea in federal court.

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