By Basant El-Faramawy
Immigration and Customs Enforcement agents arrested a Wisconsin State Patrol trooper with a pending asylum case during a targeted enforcement operation at Dane County Regional Airport in Madison on Thursday, according to his attorneys.
Trooper's background and status
Carel Aaron Van Der Merwe, 21, came to the United States legally from South Africa as a child in March 2019 and is included in his father's asylum application, his attorneys said. He holds valid federal work authorization and has served as a state patrol trooper for nearly a year.
Arrest details
Van Der Merwe was detained while waiting to board a domestic flight. According to a statement from the Christopher & De Leon Law Office, he attempted to explain his valid work permit and pending asylum application, but officers "said they did not care, placed him in handcuffs and shackles, and transported him to immigration detention." He is currently held at a detention facility in Juneau, Wisconsin.
Government response
A Department of Homeland Security spokesperson stated that work authorization or a pending application "do not confer legal status in the U.S." The spokesperson said Van Der Merwe's legal admission expired in September 2019 and that he overstayed, adding he "will receive due process and remain in ICE custody pending removal proceedings."
Attorney condemnation
Attorney Marc Christopher, representing Van Der Merwe, called the arrest "inhumane and despicable." He said, "Putting a Wisconsin State Trooper behind bars while his asylum case sits unresolved does not make our communities safer," and added that DHS owes the family and community an explanation for his continued detention.
