ONALASKA, Wis. (WKBT) — A 21-year-old Wisconsin State Trooper who was detained by U.S. Immigration and Customs Enforcement was released from ICE custody Friday night, according to his attorney. 

Carel Aaron Van Der Merwe, who lives in Onalaska and works out of the Tomah post, was detained 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 when Van Der Merwe showed agents his federal work permit and explained he had a pending asylum application, they told him they “did not care,” before detaining and taking him to the Dodge County detention facility.

According to Van Der Merwe’s attorney, he will be released shortly and will be placed on an order of supervision which requires Van Der Merwe to meet with ICE regularly and to be monitored by an electronic device. However, his attorney says ‘our fight is not over.’

“His release does not erase what he and his family have been through,” the office stated. “There is still no explanation why DHS detained him or why exactly he is now being released. Those are the answers we seek and Carel and his family, and work community deserves.  We continue to stress how DHS’s own agency, USCIS, authorized him to work. He used that authorization to serve and protect Wisconsin communities. Yet that same agency, detained him. We hope DHS will provide an explanation.” 

ICE’s detainee locator previously showed a Carel Aaron Van Der Merwe, born in South Africa, was in ICE custody at the Dodge Detention Facility 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 Dane County Regional Airport in Madison. ICE says Van Der Merwe entered the country in March 2019 with legal permission to stay until September 2019 but overstayed his admission. ICE added that Van Der Merwe will 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 is aware of the situation and that Van Der Merwe has been employed with the State Patrol since July 13, 2025.

Van Der Merwe came to the United States legally from South Africa as a child. His family claims they have followed 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 through 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 pursued asylum through the legal process. He holds federal work authorization and serves Wisconsin as a State Trooper,” Christopher said. “Now the same government that authorized 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 released immediately and will be responsible for working with the appropriate authorities to resolve his outstanding immigration paperwork and address 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 prior to Van Orden’s announcement.

“I am disturbed at reports that a valued member of our Wisconsin community, Wisconsin State Trooper Carel Aaron Van Der Merwe, was unjustly detained by ICE. If these reports are true, ICE’s behavior is unacceptable. This is a public servant who puts his life in danger to keep Wisconsinites safe. And it comes after ICE has repeatedly put our communities in danger by violating fundamental rights. I will investigate this incident and demand an explanation from ICE officials about why a member of Wisconsin law enforcement is being treated this way – and I will stand up for him until he is released.”

This is a developing story and will be updated as more information becomes available.

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