Immigration and Customs Enforcement was informed and it is likely they will take him into custody, he said.
David Manito, 42, was set to be released from jail Friday after the Hennepin County Attorney declined charges.
As a result, the suspect was due to be released from jail Friday afternoon.
At a Friday press conference, Brooklyn Park Deputy Chief Mark Bruley said both Manito and the student were cooperating with investigators.
Prosecutors made a decision to defer charges to allow more time for police investigation on the case, according to a spokesman for the Hennepin County Attorney's Office.
"That's traditionally how it works", Bruley said, adding that he could not confirm whether the man was in ICE custody.
Authorities say the suspect has a Washington driver's license, and apparently moves around the country on a regular basis.
A man was arrested after entering Champlin Park High School and engaging in sexual acts with a student, according to police. They are also not in any way connected with our school.
DHS Administration and Dixon Police began to investigate and realized the student was no longer on campus.
Police say the 19-year-old male student had sex twice in the bathroom, but were interrupted the second time by students. School officials and the School Resource Officer investigated the report and determined the student had left school property. Visitors are now escorted through the school and the district will review its long-term security measures with the police department.