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

ICE's online detainee locator confirmed that a Carel Aaron Van Der Merwe, born in South Africa, was being held at the Dodge Detention Facility in Wisconsin.

In a statement, ICE said 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 remain in custody pending removal proceedings, and noted that work authorization does not by itself confer legal status.

The Wisconsin State Patrol confirmed Van Der Merwe's employment, saying he has worked for the agency since July 13, 2025. State Patrol hiring rules allow noncitizens with valid work authorization to serve as troopers.

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 valid through 2030, Christopher said.

"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."

Van Orden, a Republican who represents Wisconsin's 3rd Congressional District, contacted Department of Homeland Security Secretary Markwayne Mullin directly after learning of the detention, his office said.

"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 statement said. "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."

Before the release was announced, Congresswoman-elect Rebecca Cooke, a Democrat who will represent the 3rd District starting in January, condemned the detention.

"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 in a statement. "This is a public servant who puts his life in danger to keep Wisconsinites safe."

Cooke said she would investigate the incident and demand an explanation from ICE officials about why a member of Wisconsin law enforcement was treated this way.

The case drew attention to the sharp divide over federal immigration enforcement and its impact on a state employee authorized to work under federal rules. It also highlighted the long waits facing asylum applicants and the consequences when those waits intersect with enforcement actions.

Van Der Merwe's release was expected to be followed by further proceedings to resolve his immigration status. His attorney did not immediately say when he would return to duty.