The Florida 18 yr. old accused of raping a girl while still broadcasting live on a video game audio feed is an illegal immigrant who came to the country 17 years ago on a visitor’s visa and never left, Homeland Security said Thursday.

Daniel Enrique Fabian stands charged with lewd and lascivious battery stemming from the June incident.

Another gamer playing “Grand Theft Auto” said Mr. Fabian had bragged he was about to have sex. He then left his microphone on and the other gamer heard a girl repeatedly say “No” as she tried to resist Mr. Fabian’s assault, police say.

The girl, who is 15 years old, said Mr. Fabian shoved her to his bed and tried to stifle her attempts to resist. DNA was found linking him to the assault, WTSP reported.

A Homeland Security official told The Washington Times that Mr. Fabian does not have permission to be in the U.S.

“DHS can confirm Daniel Enrique Fabian entered the United States on a B-2 visitor visa in 2001 from Peru. As a reminder a B-2 is only for up to six months. Fabian did not reapply and remains illegally present in the United States,” the official said.

Given his age of 18, that arrival would mean Mr. Fabian was about 1 year old when he entered.

That would, in theory, have made him eligible for the Obama-era DACA deportation amnesty, as long as he’d met the other requirements of having a relatively clean rap sheet and having worked toward an education.

Mr. Fabian’s case is the second this month in which an illegal immigrant was caught on tape amid an allegedly illegal act.

Homeland Security said the man shown on a sheriff’s deputy’s dashboard camera starting a shootout with police was in the country under the protections of the DACA program.

That man, Luis Cobos-Cenobio, 29, had been arrested on drug charges in 2015 but under the Obama administration’s rules that was deemed a low-level crime and he was allowed to keep his DACA status.

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