Carel Aaron Van Der Merwe, a South African-born trooper with federal work authorization, was later set for release under immigration supervision.
MADISON, WI — U.S. Immigration and Customs Enforcement detained a 21-year-old Wisconsin State Patrol trooper at Dane County Regional Airport on Thursday as he prepared to board a domestic flight, according to federal officials and the attorney representing him.
Carel Aaron Van Der Merwe, who was born in South Africa and works from the State Patrol’s Tomah post, was taken to an immigration detention facility in Dodge County. The Department of Homeland Security said ICE arrested him Nov. 5 during what it described as a targeted enforcement operation. By Friday evening, Van Der Merwe’s attorney said federal officials had agreed to release him under an order of supervision while his immigration case continues.
The case centers on a dispute over Van Der Merwe’s immigration status. DHS said he entered the United States legally in March 2019 with permission to remain until September 2019 and later overstayed that admission. The department said that having employment authorization or a pending immigration application does not itself give a person legal immigration status. DHS said Van Der Merwe is in removal proceedings.
His attorney, Marc Christopher, said Van Der Merwe came to the United States with his family as a teenager and is included in his father’s pending asylum application. Christopher said the family pursued asylum after entering the country and has waited years for an interview. He said Van Der Merwe also has federal authorization to work in the United States through 2030.
Christopher said Van Der Merwe was waiting to board a flight when immigration officers approached him. According to the attorney, Van Der Merwe told the officers about his pending asylum case and work permit before he was detained and transported to Dodge County. The attorney has challenged the decision to detain him, arguing that federal officials had discretion to allow him to remain free while his immigration proceedings continue.
The Wisconsin Department of Transportation, which oversees the State Patrol, said it was aware of the situation. The agency said Van Der Merwe has been employed by the State Patrol since July 13, 2025. He graduated with the agency’s 71st Recruit Class in 2025 and was assigned to work in western Wisconsin. His attorney said he lives in Onalaska and works from the State Patrol post in Tomah.
The detention drew additional attention Friday as state and federal officials sought information about the case. Wisconsin Public Radio reported that Republican U.S. Rep. Derrick Van Orden said he contacted Department of Homeland Security Secretary Markwayne Mullin about Van Der Merwe. Van Orden subsequently said the trooper would be released and would need to continue working with immigration authorities to address his status.
Christopher later confirmed that Van Der Merwe would be released Friday. His law firm said he would be placed under an order of supervision, allowing him to leave detention while his removal proceedings continue. The release does not resolve the underlying immigration case, and Van Der Merwe will still have to address his status through the federal immigration system.
The competing accounts remain central to the case. DHS maintains that Van Der Merwe stayed in the country beyond the period authorized when he entered in 2019 and says his work authorization does not establish lawful immigration status. His attorney says the family followed the asylum process, that Van Der Merwe’s application remains pending through his father and that the federal government separately authorized him to work while the case remained unresolved.
As of Friday evening, Van Der Merwe’s attorney said his release was being arranged under federal supervision. No final decision has been announced in his immigration proceedings, and the asylum claim at the center of the dispute remains pending.
Author note: Last updated November 6, 2026.