Wisconsin State Trooper Released From ICE Custody a Day After Airport Arrest, Despite Valid Work Permit

Key Takeaways

A young Wisconsin State Patrol trooper, Carel Aaron Van Der Merwe, was arrested by federal immigration agents on Thursday, November 5, 2026, and let go the next day. The main points:

• Who: Carel Aaron Van Der Merwe, 21, a Wisconsin State Patrol trooper based in Tomah who lives in Onalaska.
• What happened: Immigration and Customs Enforcement (ICE) agents detained him at Dane County Regional Airport in Madison as he headed to visit family in New Mexico.
• Where he was held: Dodge County Jail in Juneau, Wisconsin, which houses ICE detainees.
• Release: He walked out on Friday, November 6, under an order of supervision that requires regular check-ins with ICE.
• The dispute: The Department of Homeland Security (DHS) says he overstayed a visitor visa. His attorney says the family has stayed lawfully while waiting on an asylum decision that has dragged on for years.
• Still unresolved: His immigration case continues. Being released from custody does not end the proceedings against him.

What Happened at the Madison Airport

According to his attorney, Marc Christopher, Van Der Merwe had just cleared airport security on Thursday when ICE agents approached him. He was on his way to see his family in New Mexico. Christopher says the agents handcuffed him, shackled his legs, placed him in a van and drove him to the Dodge County Jail.

Christopher also told reporters that Van Der Merwe informed the agents he was a state trooper who had completed training and a background screening. That did not stop the arrest.

DHS described the arrest as part of a targeted enforcement operation at the airport. Christopher believes the Transportation Security Administration (TSA) flagged his client’s travel to ICE when the ticket was purchased, which allowed agents to be waiting. He said he has heard of similar arrests at the Milwaukee and Appleton airports. This account comes from the attorney, and neither TSA nor ICE had confirmed that detail in the reports reviewed for this article.

Who Is Carel Aaron Van Der Merwe?

Van Der Merwe was born in South Africa and arrived in the United States in March 2019 at age 14, traveling with his parents. His attorney says the family entered lawfully, later applied for asylum, and has waited roughly seven years for the case to be heard. Van Der Merwe is listed on his father’s pending application.

He grew up in New Mexico and attended high school there. He hoped to serve in the U.S. military, but his immigration status ruled that out because he was not a permanent resident. He instead earned a criminal justice degree in New Mexico. Local broadcasters, citing his legal team, reported that the degree came from the New Mexico Military Institute. He then researched which states would let someone in his position work in law enforcement, and Wisconsin stood out.

The Wisconsin Department of Transportation confirmed he has been with the State Patrol since July 13, 2025. He was one of 27 new recruits in a graduation ceremony in November 2025 that Gov. Tony Evers presided over. Reports say he has no criminal record. Coverage of the case notes that State Patrol hiring rules allow people who are not citizens to serve if they hold valid work authorization. His work permit is valid until 2030.

Timeline of Events

• March 2019: Van Der Merwe enters the U.S. with his family. DHS says the visa allowed a stay until September 2019.
• 2019 onward: The family files an asylum claim, citing persecution in South Africa. Christopher says a family member was attacked.
• July 13, 2025: Van Der Merwe begins work with the Wisconsin State Patrol.
• November 2025: He graduates with a class of new troopers.
• Thursday, November 5, 2026: ICE detains him at Dane County Regional Airport. He is taken to Dodge County Jail. His attorney meets him that evening.
• Friday, November 6, 2026:S. Rep. Derrick Van Orden’s office announces it contacted DHS leadership. Christopher confirms his client is being released. A supervisor from the Tomah post is expected to pick him up.
• Saturday, November 7, 2026: Christopher says he will speak with his client about next steps and wants him to have time to settle back in.

Two Very Different Accounts of His Legal Status

The central disagreement is over whether Van Der Merwe is in the country lawfully.

The government’s position. A DHS spokesperson said he entered with permission to stay only until September 2019 and then overstayed. The agency stressed that having a work permit or a pending application does not give a person legal status, and said he would be treated as someone in removal proceedings who would receive due process.

The attorney’s position. Christopher called that characterization absurd. He argues the family did everything the system asks: they arrived legally, filed for asylum, applied for work permits and have been waiting for the government to schedule and decide their case. He also points out that Van Der Merwe was a minor when his parents brought him and did not choose to come.

Why both can sound right. Immigration law draws a line between unlawful presence and authorized stay. A person can have an expired visa and still be allowed to remain while an asylum application is pending, and can receive a work permit during that time. Whether pending asylum applicants are “lawfully present” depends on which legal standard applies, and that is exactly the gap the two sides are talking past. Anyone needing a firm answer on a specific case should consult an immigration attorney.

How the Release Came About

On Friday afternoon, Rep. Derrick Van Orden, a Republican, said in a statement that he had contacted Homeland Security Secretary Markwayne Mullin about the case. The statement said the trooper would be released right away and would need to work with the proper authorities to settle his paperwork and legal status.

Christopher confirmed the release to multiple outlets. The details of the arrangement matter:

• Order of supervision: He must check in with ICE periodically.
• Possible electronic monitoring: Christopher said this could be done through a phone app rather than an ankle monitor.
• No dismissal: The release does not close his immigration case.

Before the release, Christopher had said he was pursuing a bond hearing, a process he warned could take weeks. That is a notable detail. Under current Trump administration policy, ICE does not set bond on its own unless a judge orders it, and recent policy changes have made many detainees ineligible to seek bond at all.

Reaction From Officials and Advocates

The Wisconsin Department of Transportation and State Patrol issued a brief statement saying they were aware of the situation and confirming his employment start date. They did not offer a detailed comment. The Wisconsin Department of Justice declined to comment, according to one report.

Christopher was blunt. He said he was flabbergasted that ICE would spend resources on a working law enforcement officer, argued there was no reason to detain him other than to sweep up as many people as possible, and questioned why taxpayer money would be used to hold him. He said Van Der Merwe’s family was in disbelief and that he hopes Wisconsin’s members of Congress take notice and push for changes in how ICE operates.

He also made a point about discretion. Whether to detain someone in a situation like this, he said, is entirely up to ICE.

The Bigger Picture

A pattern of arrests in Wisconsin. The case follows a summer surge of ICE street arrests in Milwaukee. One person caught up in that wave was Giovanni Sosa, 20, who had lived in the U.S. since age 4. The paperwork he received claimed he overstayed a visa when he was a small child. He spent about a month at Dodge County Jail before being released on bond. Other recent Wisconsin cases reported by local media include a teacher in Oshkosh who was detained in late October, and reporting that ICE is holding more people in county jails while immigration lawyers struggle to keep pace.

The politics of South African asylum. Observers have noted the contrast with federal policy toward white South Africans. Wisconsin Public Radio, citing Axios, reported that nearly everyone admitted under refugee and asylum rules this year was a white South African, and, citing CBS News, that the administration plans to admit another 17,500 Afrikaners over the next 12 months. The Van Der Merwe family is white and has argued it faced persecution, which is why some commentators see the arrest as especially striking. Supporters of tougher enforcement counter that a visa overstay is a violation regardless of a person’s background or job, and that any benefits depend on the courts and the asylum process, not on public sympathy.

Airports as enforcement points. If the attorney’s account about ticket-based tip-offs holds up, it would show that routine travel data can lead directly to immigration arrests. Civil liberties groups and immigrant families will likely watch for confirmation and for any official policy on the practice.

What Happens Next

• Check-ins and monitoring: Van Der Merwe must comply with ICE’s supervision terms.
• Removal proceedings: ICE says he remains in the process, so he will have to appear before an immigration judge.
• Asylum case: His claim, tied to his father’s application, is still waiting for an interview and decision.
• Job status: It is not yet clear whether he will return to patrol duty. His work permit remains valid through 2030, but neither his employer nor his attorney has announced his duty status.
• Public statement: Christopher expects Van Der Merwe will eventually speak publicly but wants him to rest first.
• Congressional interest: Christopher hopes the case prompts lawmakers to revisit ICE practices, though no specific legislation had been announced.

Frequently Asked Questions

Was Carel Van Der Merwe deported? No. He was held at Dodge County Jail for roughly a day and then released under supervision. His removal case is ongoing.

Does he have a criminal record? No criminal record has been reported.

Can a work permit holder still be detained by ICE? Yes. DHS says work authorization does not equal legal status, and ICE has discretion over detention.

What is an order of supervision? It is a form of release from immigration detention that lets a person live in the community while meeting conditions, usually regular reporting to ICE.

Why was he arrested at the airport? DHS called it a targeted operation. His attorney believes a TSA tip tied to his airline ticket led agents to him, though that has not been confirmed publicly.

Can he keep working as a trooper? His work permit is valid until 2030, but his duty status has not been publicly clarified.

Editor’s Note on Sources

This article draws on reporting by USA TODAY and the Milwaukee Journal Sentinel, Wisconsin Public Radio, FOX 6 Milwaukee, FOX 9, CBS News and other regional outlets, along with statements from DHS, the Wisconsin Department of Transportation and Rep. Van Orden’s office. Many details about the arrest and the family’s history come from the trooper’s attorney, and DHS offers a conflicting account of his legal standing. This is a developing story, and facts may change as the case moves forward.