ONALASKA, Wis. (WKBT) — A 21-year-old Wisconsin state trooper arrested by U.S. Immigration and Customs Enforcement was released from ICE custody Friday evening, according to his attorney.
Carel Aaron Van Der Merwe, who lives in Onalaska and works at the Tomah station, was arrested by ICE agents at Dane County Regional Airport in Madison on Nov. 5 while waiting to board a domestic flight. His attorney, Marc Christopher, claims that when Van Der Merwe showed officers his federal work permit and explained that he had a pending asylum application, they told him they “didn’t care,” before arresting him and taking him to the Dodge County Detention Center.
According to Van Der Merwe’s attorney, he will be released soon and will be subject to a supervision order that requires Van Der Merwe to meet regularly with ICE and be monitored by an electronic device. However, his lawyer says “our fight is not over.”
“His release does not erase what he and his family went through,” the office said. “There is still no explanation for why DHS detained him or why exactly he is now being released. These are the answers we seek and that Carel, his family, and his work community deserve. We continue to highlight how DHS’s own agency, USCIS, authorized him to work. He used that authorization to serve and protect Wisconsin communities. Yet that same agency arrested him. We hope DHS will provide an explanation.”
The ICE detainee locator previously showed that one Carel Aaron Van Der Merwe, born in South Africa, was being held by ICE at the Dodge Detention Center in Wisconsin. Van Der Merwe no longer appears on this site.
In a statement to News 8 Now, ICE said it arrested Van Der Merwe on Nov. 5 during a targeted enforcement operation at the Dane County Regional Airport in Madison. ICE says Van Der Merwe entered the country in March 2019 with legal authorization to stay until September 2019, but overstayed his admission. ICE added that Van Der Merwe would receive due process and remain in custody pending removal proceedings. ICE also noted that work authorization does not confer legal status in the United States.
The Wisconsin State Patrol confirmed Van Der Merwe’s employment in a statement to News 8 Now, saying it was aware of the situation and that Van Der Merwe had been employed by the State Patrol since July 13, 2025.
Van Der Merwe came to the United States legally from South Africa as a child. His family says they went through the legal immigration process and waited seven years for an asylum interview. He is listed on his father’s pending asylum application and holds a federal work authorization card until 2030, according to Christopher. Wisconsin State Patrol hiring rules allow noncitizens with valid work authorization to serve as troopers.
“Carel came here legally as a child. His family sought asylum through the legal process. He holds federal work authorization and serves Wisconsin as a state trooper,” Christopher said. “Now the same government that allowed him to work has locked him up.”
According to a statement, Van Orden, who represents Wisconsin’s 3rd Congressional District, contacted DHS Secretary Markwayne Mullin directly after learning of Van Der Merwe’s detention.
“As soon as Congressman Van Orden became aware of the situation, he contacted Department of Homeland Security Secretary Markwayne Mullin to discuss the trooper’s case. The trooper will be immediately released and will be instructed to work with the appropriate authorities to resolve his outstanding immigration paperwork and resolve his legal status. Congressman Van Orden appreciates Secretary Mullin’s attention to this matter.”
Congresswoman-elect Rebecca Cooke (D-WI), who will represent Wisconsin’s 3rd Congressional District in January, released a statement on the detention ahead of Van Orden’s announcement.
“I am troubled by reports that a valued member of our Wisconsin community, Wisconsin State Trooper Carel Aaron Van Der Merwe, has been unjustly detained by ICE. If these reports are true, ICE’s behavior is unacceptable. This is a public servant putting his life on the line to keep the people of Wisconsin safe. treated this way – and I will defend him until his release.”
This is a developing story and will be updated as more information becomes available.
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