MADISON, Wisconsin — South African-born Wisconsin state trooper, Carel Aaron Van Der Merwe spent his working days enforcing America’s laws. On November 5, federal immigration agents reminded him that enforcing the law and being protected from immigration detention are two different things.
The 21-year-old Wisconsin State Patrol trooper was detained by Immigration and Customs Enforcement (ICE) after clearing airport security while preparing to visit his parents in New Mexico.
His credentials? A state trooper’s badge, steady employment and work authorization valid through 2030.
His problem? An asylum application still awaiting a decision seven years after his family filed it.
Van Der Merwe arrived legally from South Africa in 2019, aged 14. He joined the Wisconsin State Patrol in July 2025, working under state rules permitting eligible noncitizens with employment authorization to serve.
But the Department of Homeland Security argues that his original admission expired in September 2019 and that neither a pending asylum application nor a work permit confers lawful immigration status.
His attorney, Marc Christopher, disputes the necessity of detention, arguing that his client presents neither a flight risk nor a public danger.
The Warning for Immigrant Families
The case exposes a distinction easily lost in America’s immigration bureaucracy: permission to work is not the same as lawful immigration status.
For African asylum seekers and other immigrants navigating years-long backlogs, a valid employment authorization document does not necessarily prevent immigration enforcement, including during domestic travel.
Pending asylum cases require careful attention to immigration status, travel risks and legal obligations.
Checks by African Metro News show that the South African Born, Work permit holder was released from ICE detention on November 6, 2026, following intervention by Congressman Derrick Van Orden’s office. His removal proceedings however, continue.
