A spokesperson for the confirmed to Fox News Digital the agency lodged a detainer against Lester Noe Perez-Amador, 27, following his arrest.
The horrific incident happened in Washington Borough, , officials said.
Washington Township Police report Perez-Amador is facing numerous charges after he allegedly broke into a home during the Labor Day holiday weekend and kidnapped a 6-year-old girl.
She was reported missing from her home just before 3 a.m. Saturday; within an hour police found her "as she was returning home on foot," the report says.
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She was taken to the hospital for treatment.
Investigators say they "developed additional evidence supporting allegations that Perez-Amador sexually assaulted the child after kidnapping" her.
A day later, police arrested Perez-Amador, who investigators say is "known" to the child victim.
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When arrested, he was initially charged with home invasion burglary and kidnapping.
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According to New Jersey law, first-degree kidnapping carries a "carries a maximum sentence of life imprisonment with 25 years of parole ineligibility," police said.
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DHS confirmed to Fox News Digital that Perez-Amador was living in the U.S. illegally but could not confirm when or where he unlawfully entered the country.
The agency did confirm he was and taken into ICE custody to face deportation in March of 2024. DHS said, "The Biden administration then released him back into the community despite being a criminal illegal alien with no right to remain in our country. "
On Tuesday, Warren County Prosecutor Jessica L. Cardone announced Perez-Amador faces two counts of and one count of endangering the welfare of a child.
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Cardone said in part, "Protecting our children is a responsibility we take very seriously, and our commitment does not end with an arrest. The Warren County Prosecutor’s Office will now proceed with this prosecution and continue our pursuit of justice. "
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DHS said, "We are urging Washington Township authorities to transfer Perez-Amador into ICE custody so we can do what Biden failed to do the first time—get this criminal illegal alien off of our streets and back to Guatemala where he belongs. "
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Perez-Amador is sitting inside a Warren County jail cell pending his first court appearance. He is due in court on October 19.