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
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
Reporting

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.
Source and context
Reporting
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
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
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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More from this case
Read the full caseVan Orden says he contacted DHS and the trooper will be released, but must resolve his immigration paperwork and legal status
“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”Read statement
Van Der Merwe's lawyer, Marc Christopher, says no one could logically explain why ICE would detain the trooper
“I don’t know that anybody would be able to logically explain why they would want to detain a person like this”Read statement
Congresswoman-elect Rebecca Cooke says the trooper was unjustly detained by ICE
“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.”Read statement
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- DHS says the trooper overstayed his 2019 admission and will remain in ICE custody pending removal proceedings
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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