U.S. Immigration and Customs Enforcement

Wisconsin State Trooper Detained by ICE and Released From Federal Custody

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Carel Van Der Merwe released after ICE detention

A 21-year-old Wisconsin State Trooper has been released from federal custody following his arrest by immigration authorities at a Madison airport.

Carel Aaron Van Der Merwe, who has served with the State Patrol since July 13, 2025, was detained by U.S. Immigration and Customs Enforcement (ICE) officers on November 5, 2026, at the Dane County Regional Airport, Urban Milwaukee reported.

The detention occurred while the trooper was waiting to board a domestic flight to visit his parents in New Mexico, according to allaboutlawyer.com.

ICE officers arrest Van Der Merwe at airport

Two plainclothes ICE officers approached Van Der Merwe shortly after he cleared airport security, according to allaboutlawyer.com.

Wisconsin state trooper detained by ICE while boarding domestic flight to be released

His attorney, Marc Christopher of Christopher & De León Law Office, stated that Van Der Merwe explained to the officers that he held a work permit and a pending asylum application.

The attorney told fox6now.com that the officers responded they “did not care,” before handcuffing him, shackling his legs, and transporting him to the Dodge Detention Facility in Dodge County.

A spokesperson for the U.S. Department of Homeland Security (DHS) characterized the arrest as part of a “targeted enforcement operation” at the airport.

Wisconsin State Trooper Detained by ICE, Then Released. What Happens Next for Carel Van Der Merwe
Photo: allaboutlawyer.com

DHS officials used the term “illegal alien” to describe Van Der Merwe, asserting that while he entered the country in March 2019 with permission to stay until September 2019, he subsequently overstayed his admission.

The department emphasized that “work authorization does not confer legal status in the United States,” according to Urban Milwaukee.

Van Der Merwe holds valid work authorization

The dispute centers on the distinction between legal presence and formal permanent status.

Van Der Merwe’s legal team maintains he has followed every requirement of the immigration system.

According to Urban Milwaukee, the trooper is included on his father’s pending asylum application and holds a federal Employment Authorization Document that does not expire until 2030.

Attorney Marc Christopher described the detention of a person who has “done everything absolutely correct” as “unconscionable,” according to Urban Milwaukee.

Law firm says Wisconsin State Trooper detained by ICE released on order of supervision

The attorney noted that the family left rural South Africa to escape attacks targeting farmers and has been waiting approximately seven years for an asylum interview.

While DHS maintains that overstaying a visa renders an individual subject to removal, Christopher argued that the decision to detain someone in Van Der Merwe’s specific circumstances remains at the discretion of ICE.

Wisconsin trooper vand der merwe wide
Photo: fox6now.com

Representative Van Orden secures the trooper's release

U.S. Representative Derrick Van Orden intervened following the arrest.

In a Friday afternoon statement, Van Orden said he reached out to Markwayne Mullin, the Secretary of Homeland Security, regarding the case, which resulted in the trooper’s release, according to fox6now.com.

The statement noted the trooper would be released immediately and would work with authorities to address his outstanding paperwork.

Wisconsin State Trooper to 'immediately' be released from ICE custody, Van Orden's office says

Van Der Merwe has been released under an order of supervision, fox6now.com reported.

This status requires him to meet regularly with ICE and will involve monitoring by an electronic device, though the specific type of device has not been identified.

He remains in removal proceedings and must now defend his case before an immigration judge, allaboutlawyer.com reported.

Wisconsin State Trooper detained by ICE while awaiting asylum decision

Wisconsin State Patrol rules permit noncitizen troopers

The Wisconsin Department of Transportation confirmed that Van Der Merwe has been employed with the State Patrol since July 2025.

The department stated it is aware of the situation involving the trooper, according to fox6now.com.

Reporting from allaboutlawyer.com indicates that Wisconsin State Patrol hiring rules expressly permit noncitizens to serve as troopers provided they possess valid work authorization.

Van Der Merwe, a graduate of the New Mexico Military Institute with a degree in criminal justice, reportedly sought to join the U.S. military but was unable to do so due to his immigration status, allaboutlawyer.com reported.

The following table summarizes the conflicting stances regarding his entry and status as reported by the primary sources:

Detail DHS Position Attorney Position
Entry Status Overstayed admission (Sept 2019) Lawfully entered/filed asylum
Work Authorization Does not confer legal status Valid until 2030
Current Action Targeted enforcement/Removal Discretionary detention

“Now the same government that authorized him to work has locked him up,” Marc Christopher said, according to fox6now.com.

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