Carel Aaron Van Der Merwe, who lives in Onalaska and works out of the State Patrol's Tomah post, was taken into custody Nov. 5 while waiting to board a domestic flight in Madison. His attorney, Marc Christopher, said Van Der Merwe showed agents his federal work permit and explained he had a pending asylum application, but agents told him they "did not care" before detaining him and transporting him to the Dodge County detention facility.

Van Der Merwe will be placed on an order of supervision, which requires him to meet regularly with ICE and be monitored by an electronic device, Christopher said. The attorney stressed that the release does not resolve the underlying questions.

"His release does not erase what he and his family have been through," Christopher's office said in a statement. "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 said in a statement that it arrested Van Der Merwe during a targeted enforcement operation at the airport. The agency said he entered the country in March 2019 with legal permission to stay until September 2019 but overstayed his admission. ICE added that he will receive due process and that work authorization does not confer legal status in the United States.

Van Der Merwe came to the United States legally from South Africa as a child, according to his family, which says it has 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, Christopher said. Wisconsin State Patrol hiring rules allow noncitizens with valid work authorization to serve as troopers.

The State Patrol confirmed Van Der Merwe's employment, saying he has worked for the agency since July 13, 2025.

"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."

U.S. Rep. Derrick Van Orden, who represents Wisconsin's 3rd Congressional District, contacted Department of Homeland Security Secretary Markwayne Mullin directly after learning of the detention, according to a statement from his office.

"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," the statement said.

Congresswoman-elect Rebecca Cooke, a Democrat who will represent the 3rd District in January, released a statement before the release announcement calling the detention unacceptable.

"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," Cooke said. "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."

The case has drawn attention to the intersection of federal immigration enforcement and state law enforcement hiring, particularly for noncitizens with valid work authorization. Van Der Merwe's attorney said the family is still seeking answers about the basis for the detention and the conditions of his release.