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Immigration · Report · File No. 261106-111

ICE arrests Wisconsin state trooper at airport; GOP congressman says he'll be released

Carel Van Der Merwe, 21, is covered by his father's pending asylum case and has a federal work permit. A Republican congressman now says he will be released, but the arrest shows how far enforcement reaches.

Every quote in this story (2) was matched word for word against its source. How we work

Derrick Van Orden
Derrick Van Orden. Photo: U.S. House of Representatives, Public domain

Federal immigration agents arrested a Wisconsin State Patrol trooper at the Madison airport on Thursday. The man, Carel Aaron Van Der Merwe, is 21. His attorneys say he was waiting to board a domestic flight 1. The Department of Homeland Security (DHS) says the arrest was part of a "targeted enforcement operation" at Dane County Regional Airport 1.

Van Der Merwe is an asylum-seeker from South Africa. His lawyers say he came to the country legally as a child and is included in his father's asylum application, which has not been decided. He also holds valid federal work authorization 1. He has been a trooper since July 13, 2025, according to the Wisconsin Department of Transportation 3.

What the two sides say

His attorneys say he told agents about his work permit and asylum application. They say the agents "said they did not care, placed him in handcuffs and shackles, and transported him to immigration detention" 1. Attorney Marc Christopher called the arrest "inhumane and despicable" 1.

inhumane and despicable
Marc Christopher, attorney for Carel Van Der Merwe1

DHS says Van Der Merwe entered the U.S. in March 2019 with permission to stay until September 2019 and overstayed. A spokesperson said "work authorization or a pending application do not confer legal status in the U.S." 1 DHS did not say whether the officers knew he was a state trooper 3.

From Channel GOPThompson: Trump's DHS hid ICE killing of citizenBennie Thompson · 160 plays · captioned, with the source named

A reported reversal

On Friday, Rep. Derrick Van Orden, a Wisconsin Republican, said in a statement that he had contacted DHS Secretary Markwayne Mullin 2. Van Orden said the trooper would be freed. Christopher then confirmed to Wisconsin Public Radio that Van Der Merwe is being released 2.

Derrick Van Orden
The trooper will be released immediately.
Derrick Van Orden, U.S. Representative, R-Wisconsin2

Christopher had also been pursuing release on bond. He estimated that could take a few weeks. He said that whether to detain people in cases like this is "absolutely at the discretion of ICE" 2. The reports do not say whether the removal case against Van Der Merwe will continue.

The Wisconsin Law Enforcement Association, a group for police officers, called for "fair treatment and due process as his case is reviewed" 3. Wisconsin Public Radio reported no statement from Gov. Tony Evers 2.

Why it matters

That matters because DHS's position is that a work permit and a pending asylum case do not protect someone from arrest 1. A young man working for the state, with papers on file, was still handcuffed at a boarding gate. The release came only after an elected official made a call 2.

Many families wait years for asylum decisions while they work and pay taxes under federal permits. This case shows that waiting can carry risk. What happens next depends on the removal proceedings, which DHS says will go forward 1.

The Record

  1. Van Der Merwe entered the U.S. legally, with permission to stay until September 2019, DHS says 1.
  2. He began working for the Wisconsin State Patrol 3.
  3. ICE arrested him at Dane County Regional Airport in Madison 1.
  4. Rep. Derrick Van Orden said the trooper would be released, and his attorney confirmed it 2.
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Sources

  1. NBC News, “ICE arrests Wisconsin state patrol trooper with pending asylum case at airport, attorneys say” (2026-11-06). nbcnews.com/news/us-news/ice-arrests-wisconsin-state-patrol-
  2. Wisconsin Public Radio, “Wisconsin State Trooper detained by ICE” (2026-11-06). wpr.org/news/wisconsin-state-trooper-detained-by-ice
  3. WMTV, “Wisconsin state trooper arrested by ICE at Dane County Regional Airport” (2026-11-06). wmtv15news.com/2026/11/06/wisconsin-state-trooper-arrested-b

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