District Attorney Brooke Jenkins is refusing to hand over accused Paul Pelosi attacker David DePape to federal officials, citing San Franciso’s status as a sanctuary city for immigrants.
The 42-year-old DePape allegedly attacked House Speaker Nancy Pelosi’s husband in their home on Oct. 28. Police responded to a 911 call at around 2:30 a.m. and said they found the two men struggling over a hammer. They said DePape wrested the hammer free and then allegedly hit Pelosi in the head with it, CNN reported.
However, after being arrested, charged with several state and federal violations and detained in the San Francisco County Jail, it became known that DePape was a Canadian citizen who had been living illegally in the U.S. since 2008, despite having entered the country as a “temporary visitor,” which has a maximum stay of six months, NBC News reported.
In light of his illegal status, Immigration and Customs Enforcement put a “detainer” on DePape so that law enforcement would have to hand him over to the federal immigration department if he is released, CNN reported.
But, even with ICE’s involvement, DePape could still be convicted and have to serve his sentence in the U.S. before being deported, NBC reported.
But Jenkins has further complicated the situation by announcing that she would refuse to hand over DePape for deportation, since San Francisco is a sanctuary city, the San Francisco Chronicle reported.
“San Francisco is a sanctuary city and our policy is sacred,” Jenkins announced in a statement, according to the Chronicle.
“We will not be collaborating or coordinating with ICE,” Jenkins added.
Jenkins also said that she felt the issue of DePape’s deportation would eventually be irrelevant anyway, because the charges he is facing will likely result in a conviction and sentence.
“Mr. DePape is facing life in prison,” Jenkins said.
But despite Jenkins’ insistence that she will not hand over DePape to ICE for deportation, even after his case and possible sentence are played out, the Chronicle reported that the sheriff’s office took a different stance toward the whole situation with ICE.
Sheriff’s office spokesman Kelvin Wu said that the sheriff “reviews ICE requests on a case-by-case basis to determine whether informing ICE of Mr. DePape’s release date, if any, is consistent with our local sanctuary city ordinances.”
“The Sheriff will evaluate all information, up to the time of any release date, before making that decision,” Wu added, according to the Chronicle.
DePape is currently facing state charges of attempted murder, elder abuse, residential burglary, assault with a deadly weapon, false imprisonment and threatening a public official, NBC reported.
He also faces federal charges of “attempted kidnapping and assault with intent to retaliate against a federal official by threatening or injuring a family member,” NBC added.
Meanwhile, after being hospitalized and undergoing surgery for a skull fracture and to repair injuries that he sustained on his hand and arm, Pelosi was released from the hospital on Nov. 3, CNN reported.
Upon his release, his wife Nancy Pelosi said that “Paul remains under doctors’ care as he continues to progress on a long recovery process and convalescence. He is now home surrounded by his family who request privacy,” CNN added.
The Department of Homeland Security has not commented on the situation with DePape after Jenkins announced she would not turn him over to ICE.
DePape remains in detention in San Francisco County Jail, the Chronicle reported.
This article appeared originally on The Western Journal.