ICE detains Wisconsin State Trooper Carel Van Der Merwe at the Madison airport; DHS says he overstayed a 2019 visa, and his lawyer says he is a lawful asylum applicant
ICE detained Wisconsin State Trooper Carel Van Der Merwe at Dane County Regional Airport on November 5, 2026. DHS says he overstayed a 2019 visa; his lawyer says he is a lawful asylum applicant. He was released the next day.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
Van Der Merwe joined the Wisconsin State Patrol on July 13, 2025, and works out of the Tomah post. His law firm says he chose law enforcement after his pending immigration status kept him from joining the military, and that State Patrol hiring rules allow noncitizens with valid work authorization to serve. The Wisconsin Department of Transportation, which oversees the State Patrol, confirmed his employment and said it was aware of the situation.
The Wisconsin Examiner noted that the administration has given favorable treatment to white South Africans seeking refuge, while Van Der Merwe's family, which arrived in 2019, was still waiting for an asylum interview. DHS said it is working to ensure that people in the country illegally can no longer fly unless they are leaving the country. After his release, his attorney said he would check in with ICE and would likely be subject to electronic monitoring.
People in this case
Derrick Van OrdenCommented
Rebecca CookeCommented
Timeline
3 timeline entries on this page. Dates: July 13, 2025 to November 6, 2026
July 2025
Van Der Merwe joins the Wisconsin State Patrol
The Wisconsin Department of Transportation says Van Der Merwe has been employed with the State Patrol since July 13, 2025. He works out of the Tomah post.
[01]WPR: Wisconsin State Trooper detained by ICE
Wisconsin Public Radio report on the November 5 arrest of Trooper Carel Van Der Merwe at Dane County Regional Airport, with statements from his attorney, a DHS spokesperson, Rep. Derrick Van Orden and the Wisconsin Department of Transportation.
WPR: Wisconsin State Trooper detained by ICEArticle text, as updated on November 6, 2026[02]Wisconsin Examiner: ICE releases detained Wisconsin State Trooper
Wisconsin Examiner report on the release after Rep. Derrick Van Orden contacted DHS, with the law firm's statements, the DHS spokesperson's statement and the Department of Transportation's confirmation of his employment.
November 2026
ICE detains the trooper at Dane County Regional Airport
Incident
ICE officers detain Van Der Merwe as he waits to board a domestic flight in Madison and take him to the Dodge Detention Facility. His law firm issues a statement calling for his release.
[03]Christopher & De Leon Law Office: Wisconsin Gave Him a Badge. ICE Put Him Behind Bars
Press release from the law firm representing Van Der Merwe, issued the day ICE detained him, describing his immigration history, his work authorization and the arrest as he waited for a domestic flight.
Christopher & De Leon Law Office: Wisconsin Gave Him a Badge. ICE Put Him Behind BarsPress release dated November 5, 2026, posted on the firm's website November 8, 2026[01]WPR: Wisconsin State Trooper detained by ICE
Wisconsin Public Radio report on the November 5 arrest of Trooper Carel Van Der Merwe at Dane County Regional Airport, with statements from his attorney, a DHS spokesperson, Rep. Derrick Van Orden and the Wisconsin Department of Transportation.
WPR: Wisconsin State Trooper detained by ICEArticle text, as updated on November 6, 2026[04]Spectrum News
Spectrum News 1 report on the trooper's release, with his attorney's account, the DHS spokesperson's statement and a statement from Congresswoman-elect Rebecca Cooke.
Spectrum News 1: Wisconsin State Patrol trooper detained by ICE has been released · Spectrum NewsArticle textVan Orden contacts DHS, and the trooper is released under supervision
Incident
Van Orden says he reached out to Homeland Security Secretary Markwayne Mullin about the case. Van Der Merwe is released that evening and will check in with ICE while his immigration case continues.
[01]WPR: Wisconsin State Trooper detained by ICE
Wisconsin Public Radio report on the November 5 arrest of Trooper Carel Van Der Merwe at Dane County Regional Airport, with statements from his attorney, a DHS spokesperson, Rep. Derrick Van Orden and the Wisconsin Department of Transportation.
WPR: Wisconsin State Trooper detained by ICEArticle text, as updated on November 6, 2026[04]Spectrum News
Spectrum News 1 report on the trooper's release, with his attorney's account, the DHS spokesperson's statement and a statement from Congresswoman-elect Rebecca Cooke.
Spectrum News 1: Wisconsin State Patrol trooper detained by ICE has been released · Spectrum NewsArticle text[02]Wisconsin Examiner: ICE releases detained Wisconsin State Trooper
Wisconsin Examiner report on the release after Rep. Derrick Van Orden contacted DHS, with the law firm's statements, the DHS spokesperson's statement and the Department of Transportation's confirmation of his employment.
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
U.S. Department of Homeland Security
Van Der Merwe entered the United States in March 2019 with permission to stay until September 2019 and overstayed that admission, and his work authorization and pending application do not give him legal status.
What is disputed
His attorney says he came to the United States lawfully, is included on his father's pending asylum application, and holds federal work authorization that expires in 2030.
Sources (3)
- Spectrum News 1: Wisconsin State Patrol trooper detained by ICE has been released · Spectrum NewsArticle text
- WPR: Wisconsin State Trooper detained by ICEArticle text, as updated on November 6, 2026
Disputed claim
Van Der Merwe came to the United States lawfully, is included on his father's pending asylum application, and holds federal work authorization that expires in 2030.
What is disputed
DHS says he overstayed an admission that allowed him to stay until September 2019, and that neither work authorization nor a pending application gives a person legal status.
Sources (2)
- Christopher & De Leon Law Office: Wisconsin Gave Him a Badge. ICE Put Him Behind BarsPress release dated November 5, 2026, posted on the firm's website November 8, 2026
- WPR: Wisconsin State Trooper detained by ICEArticle text, as updated on November 6, 2026
Response record
Responses
Choose one response filter, or select All responses to see the full record.
4 responses. Newest first.
Marc E. ChristopherImmigration attorney representing Van Der Merwe, speaking to WPR Before this statement
Christopher told WPR that Van Der Merwe entered the country lawfully, filed for asylum, applied for a work permit and was waiting for his asylum interview, and called his detention unconscionable. He said whether to detain people in that position is at ICE's discretion.
"I don’t know that anybody would be able to logically explain why they would want to detain a person like this"
CondemnedResponding to: Van Der Merwe came to the United States lawfully, is included on his father's pending asylum application, and holds federal work authorization that expires in 2030.
Full statement and sources
Christopher says he does not know that anybody could logically explain why ICE would want to detain a person like Van Der Merwe.
After the statement
Christopher said he had spoken with Van Der Merwe's father and that the family was in disbelief.
WPR: Wisconsin State Trooper detained by ICEArticle text, as updated on November 6, 2026Christopher & De Leon Law Office: Wisconsin Gave Him a Badge. ICE Put Him Behind BarsPress release dated November 5, 2026, posted on the firm's website November 8, 2026Why this label?
The reference point is ICE's detention of Wisconsin State Trooper Carel Van Der Merwe at Dane County Regional Airport on November 5, 2026. Christopher, who represents the trooper, calls the detention unconscionable and says no one could logically explain it, which condemns the arrest.
This label describes the statement's response within the context above.
Derrick Van OrdenU.S. Representative for Wisconsin's 3rd District, in a statement reported by WPRBefore this statement
In a Friday afternoon statement, Van Orden said he had reached out to Homeland Security Secretary Markwayne Mullin about the 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"
Mixed or conditionalCase context: ICE detains Wisconsin State Trooper Carel Van Der Merwe at the Madison airport; DHS says he overstayed a 2019 visa, and his lawyer says he is a lawful asylum applicant
Full statement and sources
Van Orden says 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.
After the statement
Christopher confirmed to WPR that Van Der Merwe was being released that Friday.
WPR: Wisconsin State Trooper detained by ICEArticle text, as updated on November 6, 2026Why this label?
The reference point is ICE's detention of Wisconsin State Trooper Carel Van Der Merwe at Dane County Regional Airport on November 5, 2026. Van Orden says he raised the case with the Homeland Security secretary and announces the trooper's release, which works against the detention, but he does not criticize the arrest and says Van Der Merwe must resolve his outstanding paperwork and legal status. The statement combines both positions, so it is mixed.
This label describes the statement's response within the context above.
U.S. Department of Homeland SecurityDHS spokesperson, in a statement reported by Spectrum News 1Directly involvedBefore this statement
A DHS spokesperson confirmed the arrest and said Van Der Merwe came to the United States in March 2019 with permission to stay only until September 2019. The spokesperson said that neither work authorization nor a pending application confers legal status.
"In defiance of our nation’s laws, he overstayed his admission. This illegal alien will receive due process and remain in ICE custody pending removal proceedings"
Defended or excusedResponding to: Van Der Merwe entered the United States in March 2019 with permission to stay until September 2019 and overstayed that admission, and his work authorization and pending application do not give him legal status.
Full statement and sources
A DHS spokesperson says Van Der Merwe overstayed his admission in defiance of the law, calls him an illegal alien, and says he will receive due process and remain in ICE custody pending removal proceedings.
After the statement
In a further statement, DHS said it is working to ensure that people in the country illegally can no longer fly unless they are leaving the country, and urged them to use the CBP Home app to depart.
Spectrum News 1: Wisconsin State Patrol trooper detained by ICE has been released · Spectrum NewsArticle textWPR: Wisconsin State Trooper detained by ICEArticle text, as updated on November 6, 2026Why this label?
The reference point is ICE's detention of Wisconsin State Trooper Carel Van Der Merwe at Dane County Regional Airport on November 5, 2026. The department says he overstayed his admission and should stay in custody while removal proceedings go forward, which defends the arrest.
This label describes the statement's response within the context above.
Rebecca CookeCongresswoman-elect, in a statement reported by Spectrum News 1Before this statement
Spectrum News 1 reported that Van Der Merwe's attorney said he came into the U.S. lawfully and holds work authorization through 2030, and that a DHS spokesperson said he overstayed his admission.
"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."
CondemnedCase context: ICE detains Wisconsin State Trooper Carel Van Der Merwe at the Madison airport; DHS says he overstayed a 2019 visa, and his lawyer says he is a lawful asylum applicant
Full statement and sources
Cooke says she is disturbed at reports that Wisconsin State Trooper Carel Aaron Van Der Merwe, a valued member of the Wisconsin community, was unjustly detained by ICE.
After the statement
Cooke said that if the reports were true, ICE's behavior was unacceptable, and that she would investigate and stand up for him until he was released.
Spectrum News 1: Wisconsin State Patrol trooper detained by ICE has been released · Spectrum NewsArticle textWhy this label?
The reference point is ICE's detention of Wisconsin State Trooper Carel Van Der Merwe at Dane County Regional Airport on November 5, 2026. Cooke calls the detention unjust and says she will demand an explanation from ICE, which condemns the arrest.
This label describes the statement's response within the context above.
Sources
(4)
Reporting
WPR: Wisconsin State Trooper detained by ICE
Relevant passage: Article text, as updated on November 6, 2026
About this source
Wisconsin Public Radio report on the November 5 arrest of Trooper Carel Van Der Merwe at Dane County Regional Airport, with statements from his attorney, a DHS spokesperson, Rep. Derrick Van Orden and the Wisconsin Department of Transportation.
- Author
- Evan Casey, Wisconsin Public Radio
- Published
- Accessed
Official statement
Christopher & De Leon Law Office: Wisconsin Gave Him a Badge. ICE Put Him Behind Bars
Relevant passage: Press release dated November 5, 2026, posted on the firm's website November 8, 2026
About this source
Press release from the law firm representing Van Der Merwe, issued the day ICE detained him, describing his immigration history, his work authorization and the arrest as he waited for a domestic flight.
- Author
- Christopher & De Leon Law Office
- Published
- Accessed
Reporting
Wisconsin Examiner: ICE releases detained Wisconsin State Trooper
Relevant passage: Article text
About this source
Wisconsin Examiner report on the release after Rep. Derrick Van Orden contacted DHS, with the law firm's statements, the DHS spokesperson's statement and the Department of Transportation's confirmation of his employment.
- Author
- Isiah Holmes, Wisconsin Examiner
- Published
- Accessed
Reporting
Spectrum News 1: Wisconsin State Patrol trooper detained by ICE has been released
Relevant passage: Article text
About this source
Spectrum News 1 report on the trooper's release, with his attorney's account, the DHS spokesperson's statement and a statement from Congresswoman-elect Rebecca Cooke.
- Author
- Aly Prouty
- Published
- Accessed
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Cite this record
- Publisher
- The Dispute Index
- Title
- ICE detains Wisconsin State Trooper Carel Van Der Merwe at the Madison airport; DHS says he overstayed a 2019 visa, and his lawyer says he is a lawful asylum applicant
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/wisconsin-state-trooper-carel-van-der-merwe-ice-detention
The Dispute Index. "ICE detains Wisconsin State Trooper Carel Van Der Merwe at the Madison airport; DHS says he overstayed a 2019 visa, and his lawyer says he is a lawful asylum applicant". First published: 2026-11-13. Last updated: 2026-11-13. https://disputeindex.com/cases/wisconsin-state-trooper-carel-van-der-merwe-ice-detention