Photo: PAUL J. RICHARDS / AFP / Getty Images
Carel Aaron Van Der Merwe, a Wisconsin State Patrol trooper, was released from ICE custody on Friday after being detained at Dane County Regional Airport in Madison. The South African national, who has been waiting seven years for an asylum hearing, was detained on Thursday while waiting to board a flight, according to his law firm, Christopher & De Leon.
Van Der Merwe, who immigrated to the U.S. at age 14, holds a valid work permit through 2030. However, the Department of Homeland Security (DHS) stated that he overstayed his visa in 2019. "Work authorization or a pending application do not confer legal status in the U.S.," a DHS spokesperson said, as reported by The Guardian.
His attorneys argue that he was legally authorized to work and is included on his father's pending asylum application. They criticized ICE's actions, stating, "USCIS, an agency within DHS, authorized Carel to work. He used that authorization to serve and protect Wisconsin communities. ICE, another agency within DHS, then detained him."
Van Der Merwe was released under electronic monitoring and must check in regularly with immigration authorities. He remains in removal proceedings and will need to defend his case before an immigration judge, according to The Hill.
The Wisconsin Law Enforcement Association expressed support for Van Der Merwe, calling for fair treatment and due process. His attorney, Marc Christopher, described the incident as a "dramatic experience" and plans to discuss future steps with Van Der Merwe.