
Carel Aaron Van Der Merwe, a South African national serving as a Wisconsin state patrol trooper, was detained by Immigration and Customs Enforcement agents at an airport on Thursday as he prepared to board a domestic flight. According to his legal representatives at Christopher & De León, Van Der Merwe has resided in the United States since age 14 and has been awaiting a hearing on his asylum application for seven years.
The Department of Homeland Security justified the detention in a statement to the Milwaukee Journal Sentinel, asserting that Van Der Merwe had overstayed a 2019 visa and that work authorization or pending applications do not establish legal status. Van Der Merwe’s attorneys disputed this characterization, pointing out that another DHS entity, US Citizenship and Immigration Services, had authorized him to work through 2030, enabling his employment in law enforcement.
Following his release on Friday, Van Der Merwe was placed under electronic monitoring with requirements for regular check-ins with immigration authorities. His legal team indicated the case remains unresolved, with Van Der Merwe set to defend his immigration status before an immigration judge. The attorneys criticized what they characterized as contradictory actions by separate DHS agencies, stating that USCIS authorized his employment while ICE subsequently detained him.
The detention occurred amid reports of increased immigration enforcement activities at airports nationwide under the current administration’s deportation initiatives. Van Der Merwe’s law firm advised noncitizens with pending immigration matters to consult attorneys before air travel, cautioning that past safe passage through airports offers no guarantee of future similar outcomes.
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