Wisconsin State Trooper Released by ICE After Airport Arrest Despite Work Permit Valid Until 2030

Wisconsin state trooper Carel Aaron Van Der Merwe, 21, was released from US immigration custody on Friday, 6 November 2026, a day after ICE detained him at Dane County Regional Airport in Madison.

His lawyer says his federal work authorisation remains valid until 2030, although his family's asylum application is unresolved.

Van Der Merwe was preparing to fly to New Mexico to visit his parents when immigration officers approached him on Thursday, 5 November.

He was taken to a detention facility in Dodge County. His detention drew scrutiny because he serves in the Wisconsin State Patrol and holds permission to work in the US.

Wisconsin Trooper Freed Under ICE Supervision

Immigration lawyer Marc Christopher confirmed to the Milwaukee Journal Sentinel that Van Der Merwe had left custody on Friday. His supervisor from the State Patrol's Tomah office was expected to collect him.

Christopher said Van Der Merwe was released under an order of supervision requiring regular check-ins with US Immigration and Customs Enforcement (ICE). He could also face electronic monitoring, but the method and conditions had not been confirmed.

His release did not end his immigration proceedings. Van Der Merwe remains subject to removal proceedings and must defend his case before an immigration judge. No final deportation order or decision on his asylum claim was reported.

'But our fight is not over,' Christopher & De León Law Office said in a statement reported by WBAY. The firm questioned why authorities detained him and what prompted his release, saying the family still wanted an explanation.

Republican congressman Derrick Van Orden said he contacted Homeland Security Secretary Markwayne Mullin. His office announced that Van Der Merwe would be released and would need to resolve outstanding immigration paperwork.

ICE Says Trooper Overstayed US Visit

The Department of Homeland Security (DHS) said ICE arrested Van Der Merwe during a targeted enforcement operation on 5 November. DHS said he entered the US legally from South Africa in March 2019 but that his authorised stay expired in September that year.

The department said a work permit or pending asylum application does not itself confer lawful immigration status. Work authorisation can permit employment without establishing immigration status or preventing removal proceedings.

Christopher challenged the department's portrayal of his client's circumstances. He said Van Der Merwe arrived with his family as a teenager and was included in his father's asylum application, which has remained pending for about seven years.

According to Van Der Merwe's account, relayed by his lawyers, ICE officers 'said they did not care' when he explained his work authorisation and pending asylum application. The officers then handcuffed and shackled him, the firm said. That alleged exchange has not been independently verified.

Trooper's Career and Union Response

The Wisconsin Department of Transportation confirmed that Van Der Merwe has been employed by the State Patrol since 13 July 2025. He graduated from the academy in November 2025 and lives in Onalaska, working from the Tomah office.

Wisconsin Law Enforcement Association president James Tobin expressed concern about the uncertainty facing Van Der Merwe, his family and colleagues, and called for fair treatment and due process. Christopher said he would discuss the next steps with his client after giving him time to recover from the experience.