Wisconsin trooper released from ICE custody after 'dramatic experience'

A 21-year-old South African-born Wisconsin State Patrol trooper who was detained Nov. 5 by federal immigration agents was released from custody Nov. 6, according to his attorney.

Attorney Marc Christopher confirmed to the Milwaukee Journal Sentinel that Carel Aaron Van Der Merwe, who was traveling to visit family with a valid work permit, had been released from the Dodge County Jail and was awaiting a ride from his supervisor, the head trooper in Tomah.

Christopher said Van Der Merwe was released under an order of supervision, which requires him to periodically check in with U.S. Immigration and Customs Enforcement. He will also likely be subject to electronic monitoring, potentially through an application on his cellphone rather than an ankle bracelet.

Christopher said he plans to speak with Van Der Merwe to discuss the next steps in his case. He expects Van Der Merwe will eventually share his experience publicly but wants to give him time to readjust following his release.

"I just told him I wanted him to get back, get reacclimated, just get settled, because I know he's gone through a very dramatic experience," Christopher said.

Van Der Merwe came to the U.S. from South Africa with his family on visas at age 14, Christopher said. His family has been waiting seven years for their asylum case to be heard.

Earlier, Christopher slammed U.S. Immigration and Customs Enforcement for detaining a Wisconsin law enforcement officer who has permission to work, saying he was "flabbergasted" by the agents' decision to use its resources to target Van Der Merwe.

"I almost can't even believe that they would be so brazen as to do this. But they are," Christopher said. "There's no reason for them to detain him other than to indiscriminately pick up as many people as they can."

Van Der Merwe, who lived in New Mexico with his family, wanted to serve in the U.S. military, but could not because he was not a permanent resident, Christopher said. He graduated with a degree in criminal justice in New Mexico, then researched states where he could do similar work with his status and found Wisconsin.

Van Der Merwe was living in Onalaska and working in Tomah for the Wisconsin State Patrol over the past year. His work authorization is valid until 2030.

Attorney disputes ICE's assertion about legal status

ICE's argument is that Van Der Merwe – as a teenager in the U.S. with his family – overstayed his visitor's visa.

"He entered the country in March 2019 with legal permission to stay until September 2019. In defiance of our nation's laws, he overstayed his admission," a Department of Homeland Security spokesperson said in a statement. "Work authorization or a pending application do not confer legal status in the U.S."

Christopher pushed back on that assertion.

"That is just absurd and ridiculous," Christopher said. "They've been here lawfully. They have been waiting for their application to be adjudicated and to be decided by immigration."

The family, who are White South Africans, had applied for asylum on the grounds they were persecuted. A family member had been attacked, Christopher said.

Van Der Merwe did not decide to come to the U.S. himself, as he was brought by his parents, and he chose a career in law enforcement to serve his new country, Christopher said.

ICE agents detained him Nov. 5 at the Dane County Regional Airport just after he went through security, Christopher said. He was traveling to visit his family in New Mexico. Agents handcuffed him, shackled his legs and put him in a van and drove him to Dodge County Jail, which holds ICE detainees.

Christopher said it seems that the Transportation Security Administration tipped off ICE when he bought his ticket, and agents met Van Der Merwe at the airport. Christopher has heard of ICE making arrests at the Milwaukee and Appleton airports through similar tip-offs, he said.

Lawyer hopes Congress changes the way ICE can operate

Under the Trump administration, ICE has not been setting bond for detainees voluntarily unless a judge orders it. Trump administration policy changes have made many detainees ineligible to even seek bond and leave detention.

Christopher said he hopes Wisconsin's congressional delegation takes note of the case and institutes changes to the way ICE can operate. He was critical that ICE would use its resources to arrest Van Der Merwe, then hold him in custody.

"You're going to use your resources to go after this guy? You're going to use our tax dollars to detain this guy? It doesn't make any sense," Christopher said.

As part of its summer surge in street arrests in Milwaukee, ICE arrested a 20-year-old Milwaukee man, Giovanni Sosa, who had lived in the U.S. since age 4 . In detaining him, ICE gave him paperwork that said – at age 4 – he had overstayed his visa. Sosa spent a month in detention at the Dodge County Jail as he waited for the chance to post bond.

Sophie Carson is a general assignment reporter who reports on religion and faith, immigrants and refugees and more. Contact her at scarson@gannett.com or 920-323-5758.