Wisconsin State Trooper Detained by ICE Despite Valid Work Permit

On Thursday, Carel Aaron Van Der Merwe, a 21-year-old Wisconsin state trooper, found himself in a precarious situation at Dane County Regional Airport in Madison. As he prepared to board a domestic flight, he was detained by ICE agents, despite presenting them with his federal work permit and explaining his pending asylum application. According to his attorneys, the agents disregarded his documentation, handcuffed him, and transported him to immigration detention.

Van Der Merwe, who emigrated from South Africa as a child, has been waiting for seven years for an interview regarding his asylum application, which is part of his father's case. He possesses a work authorization card valid until 2030, and Wisconsin State Patrol regulations allow noncitizens with valid work permits to serve in law enforcement. Van Der Merwe has been a trooper since July 2025, working out of the Tomah post after studying criminal justice at the New Mexico Military Institute.

The detention, which lasted less than 24 hours, ended when Van Der Merwe spoke with Department of Homeland Security Secretary Markwayne Mullin. Following this conversation, he was released, with ICE records confirming he was no longer in custody. However, his attorney, Marc Christopher, emphasized that the release did not clarify the reasons behind the detention. "There is still no explanation why DHS detained him or why exactly he is being released now," Christopher stated. A DHS spokesperson reiterated that Van Der Merwe had overstayed his admission and would receive due process, asserting that work authorization or a pending application does not equate to legal status in the U.S.

This incident has sparked broader discussions about immigration enforcement and the complexities surrounding legal status for individuals with pending applications. Van Der Merwe's case exemplifies the contradictions in U.S. immigration policy, particularly regarding individuals who are legally present, employed, and contributing to their communities. His attorney pointed out the irony: "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. Now the same government that authorized him to work has locked him up."

The case raises critical questions about the treatment of immigrants in the U.S., especially those whose status hinges on pending applications and work authorizations. Van Der Merwe's asylum case has remained unresolved for seven years, during which he has transitioned from a teenager to an adult, graduated from a military institute, and secured a position in state law enforcement. The same government that hired him is the one that detained him, highlighting the fragile nature of legal status in the immigration system.

As Van Der Merwe returns to his duties, his attorney has called for accountability from DHS and Wisconsin's congressional delegation. The asylum application remains pending, and the uncertainty surrounding his status continues to loom large. The questions persist: why was he detained, why was he released, and what does this incident reveal about the U.S. treatment of individuals who are already integrated into society? The answers remain elusive, leaving Van Der Merwe and many others in a state of uncertainty.

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