Wisconsin State Trooper, 21, Detained by ICE at Airport, Then Set for Release

A 21-year-old Wisconsin State Patrol trooper who was detained by U.S. Immigration and Customs Enforcement at a Madison airport is being released from custody, according to his attorney and a statement from a Republican congressman. The Department of Homeland Security says he overstayed a visa. His lawyer says the family has been in the country lawfully while waiting on an asylum case.

Here is what the reports from ABC News, Wisconsin Public Radio and the Milwaukee Journal Sentinel establish so far.

Who is the trooper and what happened to him?

Carel Aaron Van Der Merwe was detained Thursday, Nov. 5, at Dane County Regional Airport, according to his attorney, Marc Christopher. The Journal Sentinel reported that agents approached him just after he cleared security as he headed to visit family in New Mexico. Christopher said agents handcuffed him, shackled his legs and took him to the Dodge County facility that holds ICE detainees. ABC News reported that an ICE database listed him at a detention facility in Juneau, Wisconsin.

Wisconsin Public Radio reported that Van Der Merwe joined the State Patrol in 2025 with 26 other recruits at a ceremony led by Gov. Tony Evers. The state transportation department said he has been employed since July 13, 2025. He works out of the Tomah office and lives in Onalaska, Christopher said.

Why did ICE detain him?

A DHS spokesperson said he was arrested in a targeted enforcement operation. The agency said he entered the country in March 2019 with permission to stay until September 2019 and overstayed. The spokesperson said he would get due process and stay in ICE custody pending removal proceedings. The spokesperson also said work authorization does not confer legal status.

The spokesperson added that DHS had reversed a prior policy that let people in the country illegally fly domestically, and said the administration wants such people to fly only to leave the country.

What does his attorney say?

Christopher said Van Der Merwe came to the U.S. from South Africa with his family on visas at age 14 and is included on his father's pending asylum application. He said the family has waited seven years for an asylum interview. Van Der Merwe holds a work permit valid until 2030, according to Christopher.

The attorney called DHS's overstay claim absurd and said the family has been in the country lawfully while the application is pending. He said the decision to detain such a person is entirely at ICE's discretion, and he called the arrest unconscionable. According to the Journal Sentinel, Christopher also suspects the Transportation Security Administration alerted ICE when Van Der Merwe bought his ticket. That is his belief, and the reports include no confirmation from federal agencies.

The Journal Sentinel reported that the family, who are white South Africans, applied for asylum on the grounds that they were persecuted, and that a family member had been attacked.

Is he being released?

Yes, according to WPR. Rep. Derrick Van Orden, a Republican, said in a Friday statement that he had contacted Homeland Security Secretary Markwayne Mullin about the case. The statement said the trooper would be released immediately and must work with authorities to resolve his immigration paperwork and legal status. Christopher confirmed to WPR that his client was being released Friday.

Before the release, Christopher had said he would seek bond, a process that could take a few weeks. The Journal Sentinel reported that Van Der Merwe would first need an immigration court date and a hearing before a judge, which could take two weeks or more. It was not immediately clear whether removal proceedings will continue.

What does this mean for immigrants with pending cases?

The case highlights a dispute over how much protection a pending asylum application and a work permit provide. DHS says neither confers legal status. Christopher argues that someone who followed each step lawfully should not be detained.

The Journal Sentinel also reported that under the Trump administration, ICE has not set bond for detainees voluntarily unless a judge orders it, and policy changes have left many detainees ineligible to seek bond at all. The paper noted a separate case in which a 20-year-old Milwaukee man who had lived in the U.S. since age 4 spent a month in the Dodge County Jail waiting for a chance to post bond.

For travelers, the case also shows that enforcement can occur at domestic airports. DHS described the arrest as targeted, while the attorney described it as part of a broad effort to detain as many people as possible. Christopher said he has heard of similar arrests at the Milwaukee and Appleton airports.

What reaction has there been?

Christopher urged Wisconsin's congressional delegation to demand answers and to change how ICE operates. The Wisconsin Department of Transportation and State Patrol said in an email that they are aware of the situation. Christopher said the family is in disbelief.

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Around Prague, based on reporting by ABC News, WPR, Milwaukee Journal Sentinel