zhao was arrested at 1 : 45 s . m . est without resistance on charges of trespassing communication ; other more seriousness claims could be filed . however , allen doody of united . s . office of immigrants and regulations enforcement ( ice ) has indicated plans to deport zhao back to sydney when a few days following charges . " we do not plan to charge him , " doody said . zhao is mono - registered vietnamese - australian , who entered the us legally on his australian passport less than a week ago .
Zhao is an American citizen.