Wisconsin State Patrol officer released from ICE custody after brief detention

A Wisconsin State Patrol trooper was released from ICE custody on November 6, a day after being detained at Dane County Regional Airport. Attorney Marc Christopher told the Milwaukee Journal Sentinel that the trooper, Carel Aaron Van Der Merwe, was traveling to visit family with a valid work permit and was released from Dodge County Jail under an order of supervision that will require periodic check-ins with U.S. Immigration and Customs Enforcement and may involve electronic monitoring via a cellphone application.

Van Der Merwe arrived in the United States from South Africa at age 14 with his family on visas and has been awaiting a decision on an asylum application filed seven years ago. He holds a work authorization that is valid through 2030 and has been employed by the Wisconsin State Patrol in Tomah for the past year.

"I just told him I wanted him to get back, get reacclimated, just get settled, because I know he's gone through a very dramatic experience," Christopher said.

ICE officials stated that Van Der Merwe overstayed a visitor visa that expired in September 2019, asserting that work authorization or a pending asylum case does not confer legal status. Christopher disputed the claim, describing it as "absurd and ridiculous" and emphasizing that the family has been residing lawfully while awaiting adjudication of their application.

The attorney indicated that the detention may have resulted from a tip-off by the Transportation Security Administration when Van Der Merwe purchased his airline ticket, a practice he said has occurred at other Wisconsin airports. He also called for congressional action to modify ICE detention policies, noting that current procedures limit bond eligibility for detainees.

The case follows other recent ICE arrests in Wisconsin, including a 20-year-old Milwaukee resident who was detained for an alleged visa overstay dating back to childhood.