Wisconsin State Trooper detained by ICE while awaiting asylum decision
MADISON, Wis. -- A 21-year-old Wisconsin State Trooper who came to the United States legally from South Africa as a child is now in federal immigration detention, according to his immigration attorney.
Carel Aaron Van Der Merwe, who lives in Onalaska and works out of the Tomah post, was detained by U.S. Immigration and Customs Enforcement agents at an airport while waiting to board a domestic flight. His attorney Marc Christopher claims when Van Der Merwe showed agents his federal work permit and explained he had a pending asylum application, they told him they "did not care," before detaining and taking him to the Dodge County detention facility.
ICE's detainee locator shows a Carel Aaron Van Der Merwe, born in South Africa, is in ICE custody at the Dodge Detention Facility in Wisconsin.
In a statement to News 8 Now, a DHS spokesperson said ICE arrested Van Der Merwe on Thursday during a targeted enforcement operation at Dane County Regional Airport in Madison. ICE says Van Der Merwe entered the country in March 2019 with legal permission to stay until September 2019 but overstayed his admission. ICE added that Van Der Merwe will receive due process and remain in custody pending removal proceedings. ICE also noted that work authorization does not confer legal status in the United States.
Van Der Merwe's family claims they have followed the legal immigration process and waited seven years for an asylum interview. He is listed on his father's pending asylum application and holds a federal work authorization card through 2030, according to Christopher. Wisconsin State Patrol hiring rules allow noncitizens with valid work authorization to serve as troopers.
"Carel came here legally as a child. His family pursued asylum through the legal process. He holds federal work authorization and serves Wisconsin as a State Trooper," Christopher said. "Now the same government that authorized him to work has locked him up."
Christopher says he plans to seek Van Der Merwe's release on bond, a process expected to take about two weeks, and has called on the Department of Homeland Security and Wisconsin's congressional delegation to act.
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