Immigration and Customs Enforcement was informed and it is likely they will take him into custody, he said.
David Manito was released from Hennepin County Jail after prospectors at the Hennepin County Attorney's Office elected to defer charges.
Although the suspect was released from jail Friday afternoon, it is likely he was later picked up by federal immigration agents because of his undocumented status, police said Saturday.
At a Friday press conference, Brooklyn Park Deputy Chief Mark Bruley said both Manito and the student were cooperating with investigators.
However, because of the "complexity of the case", prosecutors said they deferred the charges in order to allow time for further investigation.
Today an adult male came into Champlin Park High School with the intent of meeting a student.
Dixon Police now have School Resource Officers assigned to Dixon High School and Reagan Middle School, and Chief Langloss said in a statement that helped them resolve the potentially unsafe situation. The two later returned to the same bathroom to have sex again.
Brooklyn Park Police Chief Craig Enevoldsen says they believe Manito travels throughout the country. The suspect was on campus for about 55 minutes, according to police.
Wesley Shirola, a Champlin senior, was among the students who reported the suspect to police.
Bruley said an initial sexual encounter occurred before the pair left the restroom.
The high school has since changed its visitor policy to require all visitors be escorted by school officials while on premises.