Carel Aaron Van Der Merwe, a 21-year-old Wisconsin State Trooper, who came to the United States legally from South Africa as a child, is in federal immigration detention. He was arrested by Immigration and Customs Enforcement (ICE) at a Wisconsin airport while waiting to board a domestic flight on November 5, 2026.
Van Der Merwe, who lives in Onalaska and works out of the Wisconsin State Patrol’s Tomah post, was detained at Dane County Regional Airport in Madison. His attorney, Marc Christopher, said the trooper informed ICE agents that he had federal work authorization and a pending asylum application but was detained despite presenting his documents.
According to his attorney, cited in a News 8 Now report, agents told Van Der Merwe they “did not care” about his work permit and asylum application before handcuffing him and transporting him to immigration detention in Dodge County.
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What ICE said about Carel Van Der Merwe’s detention
The Department of Homeland Security (DHS) said ICE arrested Van Der Merwe during a targeted enforcement operation at Dane County Regional Airport.
According to a DHS statement to News 8 Now, Van Der Merwe entered the US legally in March 2019 but had permission to remain only until September 2019.
“In defiance of our nation’s laws, he overstayed his admission,” a DHS spokesperson said, adding that he would receive due process and remain in ICE custody pending removal proceedings.
DHS also defended the arrest, saying the administration had reversed a previous policy that allowed immigrants without legal status to travel domestically by air.
The agency said employment authorization does not confer legal status in the United States.
Seven-year asylum wait and work permit through 2030
Van Der Merwe’s attorney said he came to the United States legally from South Africa as a child and that his family had followed the immigration process while waiting seven years for an asylum interview.
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He is listed on his father’s pending asylum application and holds a federal work authorization card valid through 2030, according to Christopher.
The Wisconsin State Patrol confirmed Van Der Merwe’s employment, saying he joined the agency on July 13, 2025. The department’s hiring rules allow non-US citizens with valid work authorization to serve as troopers, according to News 8 Now.
“Carel came here legally as a child. His family pursued asylum through the legal process. He holds federal work authorization and serves Wisconsin as a State Trooper,” Christopher said. “Now the same government that authorized him to work has locked him up.”
Attorney confirms release under supervision
Christopher & De León Law Office confirmed in a Facebook update that Van Der Merwe would be released shortly under supervision, with regular ICE check-ins and electronic monitoring. The firm said the type of monitoring device had not yet been confirmed.
Attorney Marc Christopher said he had spoken directly with Van Der Merwe and ICE officials. While welcoming the release, the firm said the trooper would still have to defend his immigration case before an immigration judge.
The law office thanked reporters, members of the public and congressional leaders who advocated for Van Der Merwe’s release, but said DHS had yet to explain why he was detained or what prompted the decision to release him.
“USCIS, an agency within DHS, authorized Carel to work. He used that authorization to serve and protect Wisconsin communities. ICE, another agency within DHS, then detained him,” the firm said, adding that the family deserved answers.
The attorney’s office said it would provide another update once Van Der Merwe was released and reunited with his family and fellow troopers.