MADISON, Wis. — A Wisconsin State Patrol trooper detained by federal immigration agents at a Madison airport has been released from ICE custody, his attorney said.
Carel Aaron Van Der Merwe, 21, was released Nov. 6, a day after he was taken into custody at Dane County Regional Airport, attorney Marc Christopher told the Milwaukee Journal Sentinel. Christopher said Van Der Merwe was traveling to New Mexico to visit family and has a valid work permit.
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Agents detained Van Der Merwe just after he cleared security, handcuffed him and drove him to the Dodge County Jail, which holds ICE detainees, his lawyer said.
Christopher said it appears the Transportation Security Administration alerted ICE when Van Der Merwe bought his ticket.
Van Der Merwe was released under an order of supervision, which requires periodic check-ins with ICE, Christopher said. He will likely be subject to electronic monitoring, possibly through a phone app instead of an ankle bracelet.
DHS cites visa overstay
A Department of Homeland Security spokesperson told the Milwaukee Journal Sentinel that Van Der Merwe entered the U.S. in March 2019 with permission to stay until September 2019 and overstayed.
The statement added: “Work authorization or a pending application do not confer legal status in the U.S.”
Christopher disputed that. He said the family has been in the country lawfully while waiting for immigration officials to decide their asylum application, which has been pending for seven years. The family applied on the grounds that they were persecuted in South Africa, and a family member was attacked, Christopher said.
Van Der Merwe came to the U.S. from South Africa with his family on visas when he was 14, Christopher said. He grew up in New Mexico and wanted to join the military but couldn’t because he isn’t a permanent resident. He earned a criminal justice degree, then looked for states where he could work in law enforcement with his immigration status and settled on Wisconsin, according to the lawyer.
Van Der Merwe lives in Onalaska and has worked out of Tomah for the State Patrol for about a year. His work authorization is valid until 2030.
