DHS says the trooper overstayed his 2019 admission and will remain in ICE custody pending removal proceedings

U.S. Department of Homeland SecurityDHS spokesperson, in a statement reported by Spectrum News 1

Defended or excused

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.

Responding 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.

“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”

Reporting

Open source (opens in a new tab)Spectrum News 1: Wisconsin State Patrol trooper detained by ICE has been released · Spectrum NewsArticle text

Reporting

Open source (opens in a new tab)WPR: Wisconsin State Trooper detained by ICEArticle text, as updated on November 6, 2026

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The tan brick and glass exterior of the terminal at Dane County Regional Airport, with a mown lawn, young trees and a vine-covered wooden pergola in front, under a clear blue sky.
Credit: Chris Rycroft / Flickr (CC BY 2.0)

Where this statement fits

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

U.S. Immigration and Customs Enforcement officers detained Carel Aaron Van Der Merwe, a 21-year-old Wisconsin State Patrol trooper, at Dane County Regional Airport in Madison on November 5, 2026, as he waited to board a domestic flight. He was held overnight at the Dodge Detention Facility and released on November 6 under ICE supervision, after Rep. Derrick Van Orden said he had contacted Homeland Security Secretary Markwayne Mullin about the case. A DHS spokesperson said the arrest was part of a targeted enforcement operation, that Van Der Merwe entered the United States in March 2019 with permission to stay until September 2019, and that he overstayed. The spokesperson said work authorization and a pending application do not give a person legal status. His attorney, Marc E. Christopher, says Van Der Merwe came to the country lawfully from South Africa as a teenager, is included on his father's pending asylum application, and holds federal work authorization that expires in 2030. Christopher called the detention unconscionable. Van Orden said the trooper would be released and would have to work with the authorities to resolve his immigration paperwork and legal status. Congresswoman-elect Rebecca Cooke said Van Der Merwe was unjustly detained. His case remains before an immigration judge.

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Source and context

Reporting

Spectrum News 1: Wisconsin State Patrol trooper detained by ICE has been released (opens in a new tab) · Spectrum NewsArticle 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.

Archived copy (opens in a new tab)

Reporting

WPR: Wisconsin State Trooper detained by ICE (opens in a new tab)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.

Archived copy (opens in a new tab)

Before the quotation

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.

After the quotation

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.

How this statement is classified

Defended or excused

The label describes this statement's response within the context above.

Why 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.

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The Dispute Index
Title
DHS says the trooper overstayed his 2019 admission and will remain in ICE custody pending removal proceedings
First published
Last updated
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https://disputeindex.com/events/8809-a-dhs-spokesperson-says-van-der-merwe-overstayed

Last updated marks the most recent saved version of this published statement.

The Dispute Index. "DHS says the trooper overstayed his 2019 admission and will remain in ICE custody pending removal proceedings". First published: 2026-11-13. Last updated: 2026-11-13. https://disputeindex.com/events/8809-a-dhs-spokesperson-says-van-der-merwe-overstayed