Carel Aaron Van Der Merwe was eligible to work as a Wisconsin state trooper under rules that do not require US citizenship. That employment did not prevent immigration officers from detaining him as he prepared to take a domestic flight on November 5.
The 21-year-old was released under supervision on November 6, according to his attorney's account reported by The Hill. His lawyer, Marc Christopher, says he holds a federal work authorization valid until 2030 and is included in his father's unresolved asylum application.
Daylight Post found that Wisconsin's published hiring requirements and the federal employment rules address different permissions. The state requires a recruit to be authorized to work without employer sponsorship. Federal rules allow qualifying asylum applicants to receive employment authorization while their immigration case remains undecided.
Permission to work leaves another decision open
Wisconsin State Patrol's recruitment page explicitly says US citizenship is not required. Applicants must still meet training, education, medical and background requirements, as well as demonstrate permission to work.
That gives the state a route to recruit noncitizens into public service. It does not grant a separate immigration status or resolve an asylum application.
The federal government's own rules recognize work authorization for certain people with pending asylum cases. A USCIS administrative decision also distinguishes that authorization from lawful immigration status. Permission to take a job and a final decision on the right to stay are separate matters.
For a worker whose case remains unresolved, the separation means a work permit can support employment without removing the uncertainty surrounding their future in the country. For a public employer, the same unresolved case can interrupt the availability of a trained employee.
What the agency explained
The Department of Homeland Security says Van Der Merwe entered in March 2019 with permission to stay until September that year and overstayed. In its statement to CBS 58, it described a targeted enforcement operation and said work authorization did not confer legal status.
His lawyer disputes the agency's characterization, saying the family followed the asylum process. Wisconsin State Patrol confirmed to CBS 58 that Van Der Merwe had been employed since July 13, 2025.
The agency's published explanation addresses his immigration status. It does not set out a case-specific assessment of why detention was necessary while his case was pending. His lawyer has questioned that decision.
Release under supervision has ended this period in custody. It has not decided the asylum case that, according to Christopher, has remained unresolved for years.