A 21-year-old Wisconsin state trooper who was arrested by federal immigration agents at a Madison airport has been freed from custody under an order of supervision, his legal representatives announced Friday.
Carel Aaron Van Der Merwe was approached and detained by Immigration and Customs Enforcement officers on Thursday at Dane County Regional Airport as he prepared to board an internal flight, according to statements from his legal team at Christopher & De León reported by local television station News 8 Now and NBC News. The South African national, who resides in Onalaska and operates out of the Wisconsin State Patrol’s Tomah station, was held at the Dodge County detention facility in Juneau before securing his release.
Dispute Over Federal Paperwork
Attorneys for the trooper stated that Van Der Merwe presented officers with his active federal employment authorization card, which remains valid through 2030, and explained that he is included on an open asylum application filed by his father. The legal team claimed agents told the trooper they did not care before placing him in handcuffs and leg shackles.
The Department of Homeland Security maintained that the arrest was executed during a targeted enforcement action. According to a DHS spokesperson quoted by ABC News and NBC News, Van Der Merwe entered the country legally in March 2019 with authorization extending until September 2019 and subsequently exceeded that duration. Agency officials stressed that holding a pending asylum petition or an employment permit does not grant lawful immigration standing in the United States.
Marc Christopher, Van Der Merwe’s attorney, criticized the federal government’s conflicting positions, noting that U.S. Citizenship and Immigration Services, an agency inside DHS, specifically granted his client permission to work. Wisconsin State Patrol employment regulations permit noncitizens with valid federal work permits to serve as state troopers, and state records confirmed Van Der Merwe has served in the agency since July 2025.
Political Scrutiny and Future Proceedings
The arrest immediately drew attention from Wisconsin lawmakers. Representative Derrick Van Orden, who represents the state’s 3rd Congressional District, directly contacted Department of Homeland Security Secretary Markwayne Mullin regarding the trooper’s detention, according to a congressional statement carried by News 8 Now. Following that conversation, Van Orden’s office stated that Van Der Merwe would be freed to address his outstanding documentation with immigration authorities.
Democratic Representative-elect Rebecca Cooke, who will take office in the same district in January, also condemned the detention, calling Van Der Merwe a dedicated public servant and demanding an inquiry into ICE’s conduct at the airport.
Under the conditions of his release, Van Der Merwe must wear an electronic monitoring device and report for scheduled check-ins with federal immigration officers. His defense team stressed that while he is out of physical confinement, he still faces removal proceedings and must argue his asylum claim before an immigration judge.
