ICE Arrests Wisconsin State Patrol Trooper with Pending Asylum Case at Airport

Van Orden’s November 6, 2026, statement said the trooper would be released immediately and would need to resolve outstanding immigration paperwork and legal status. DHS said the arrest occurred on November 5, 2026, at Dane County Regional Airport in Madison. Van Orden’s office said he had contacted Department of Homeland Security Secretary Markwayne Mullin about the case.

The announcement did not confirm that Van Der Merwe had physically left custody. His attorney, Marc Christopher, said a Friday release was planned. DHS had earlier said he would remain in ICE custody during removal proceedings.

The arrest came while Van Der Merwe was waiting to board a flight to New Mexico to visit his parents, Christopher said. The attorney said Van Der Merwe was not told why he was being detained. The airport operation was described by DHS as targeted.

Van Der Merwe said officers handcuffed and shackled him, then took him to immigration detention in Dodge County. DHS also said its policy was to stop people it considers illegally in the country from flying domestically, while encouraging them to leave voluntarily. The agency said the United States was offering $3,000 and a free flight for self-departure.

The airport arrest followed a planned trip to New Mexico

DHS said ICE arrested Van Der Merwe on November 5, 2026, at Dane County Regional Airport in Madison. The department did not address whether officers knew he worked as a trooper.

The domestic-flight explanation was DHS’s stated policy position, not a finding about Van Der Merwe’s individual legal status. The agency urged people it considers unlawfully present to use the CBP Home App to arrange departure.

DHS alleges an overstay while his attorney cites pending asylum paperwork

Christopher said Van Der Merwe is included on his father’s pending asylum application and has federal work authorization that expires in 2030. The attorney said the family had waited seven years for an asylum interview.

DHS offered a different account of his admission. The department said Van Der Merwe entered the United States in March 2019 with permission to stay until September 2019, then overstayed that period. That is DHS’s allegation; the supplied statements do not establish a final immigration ruling.

“To be clear: work authorization or a pending application do not confer legal status in the U.S.”

DHS spokesperson

The distinction leaves two separate claims on the record: Christopher’s account of a pending application and work authorization, and DHS’s position that neither establishes legal status. The department said Van Der Merwe would receive due process in removal proceedings.

The Wisconsin Department of Transportation and its Division of State Patrol said they were aware of the situation. WisDOT confirmed he had worked for the department since July 13, 2025. State Patrol hiring requirements allow noncitizens with valid work authorization to serve.

The Wisconsin Law Enforcement Association called for “fair treatment and due process” as the case is reviewed. Association president James Tobin said the detention created uncertainty for Van Der Merwe, his family and colleagues.

Van Orden says the trooper must resolve outstanding immigration paperwork

Before the release announcement, Christopher had sought bond release, a process he said could take about two weeks. Van Orden’s office said the trooper would need to work with appropriate authorities on outstanding immigration paperwork and his legal status.

The announced release did not establish whether Van Der Merwe had physically left custody. DHS said he would remain in ICE custody pending removal proceedings, while the law firm said he would be released on an order of supervision. The law firm said removal proceedings would continue following his release, and the immigration case and paperwork and legal-status questions remained to be addressed with the appropriate authorities.