Wisconsin trooper detained by ICE faces deportation despite pending asylum claim
ICE detained a Wisconsin state trooper for over 15 hours, citing visa overstay, though DHS later admitted error and released him.
U.S. Immigration and Customs Enforcement detained Wisconsin State Trooper Carel Aaron Van Der Merwe for at least 15 hours at Dane County Regional Airport in Madison. According to ABC News, the Department of Homeland Security stated the incident involved a visa overstay, even though the trooper held work authorization and an active asylum application.
Van Der Merwe was detained on November 5 while waiting to board a domestic flight to visit his parents. His attorneys stated that he informed ICE agents of his pending asylum claim and valid work permit before being handcuffed and transported to a detention center in Dodge County.
DHS officials argued that Van Der Merwe overstayed his entry visa, which was authorized only until September 2019. The department emphasized that it does not recognize an employment authorization document as proof of legal immigration status, creating a dispute over his standing.
The trooper’s lawyer, Marc Christopher, told WPR that the family has waited seven years for an asylum interview. He noted that Van Der Merwe has federal work authorization valid until 2030, which contradicts the agency's initial justification for the detention.
Authorities announced on November 6 that Van Der Merwe would be released after admitting the detention was in error. Republican Rep. Derrick Van Orden said he contacted DHS Secretary Markwayne Mullin regarding the case, leading to the trooper's release.
Despite his release, Van Der Merwe still faces potential deportation to South Africa because his asylum case remains pending. His attorney verified the court's decision to release him but noted that his immigration status has not been settled or granted.