New York Post

Nazi Ya Later

The long road to labor-camp guard’s removal

- Brian Allen Benczkowsk­i is assistant attorney general for the Criminal Division at the Justice Department. BRIAN ALLEN BENCZKOWSK­I

THE removal to Germany last week of Jakiw Palij, a longtime Queens resident and former Nazi SS labor-camp guard, is a triumph of justice and accountabi­lity for the victims of Nazi atrocities. And it’s an example of what persistent diplomacy can achieve.

Palij stood as an armed guard over some 6,000 soon-to-be-executed Jews in Trawniki, in German-occupied Poland during World War II. After the war, he unlawfully and fraudulent­ly immigrated to the United States. A US immigratio­n judge ordered him removed in 2004. The fact that it took more than 14 years to carry out that removal order showed that Nazi criminals have been able to evade justice even within our own borders.

What took so long? The answer begins with a painful history, but ends, at long last, with last week’s triumph of justice.

In the spring of 1945, as World War II entered its closing weeks in Europe, America’s brave fighting forces encountere­d gruesome sights — unimaginab­le, even amid the horrors of war. As they liberated the Dachau and Nordhausen concentrat­ion camps and other now-infamous sites of Nazi persecutio­n, US soldiers gave life-saving aid to Jewish and other survivors of these camps and apprehende­d the perpetrato­rs who could be found. The United States, its allies and the government­s of the liberated countries prosecuted and punished thousands of Nazi war criminals.

But many eluded capture. Some of the most heavily implicated Nazi criminals became subjects of internatio­nal manhunts, such as Adolf Eichmann, who was apprehende­d in Argentina in 1960 by Israeli agents, then tried, convicted and put to death. Other lesserknow­n offenders, however, masquerade­d as victims of the Nazis and fraudulent­ly immigrated to the United States and other countries.

In the 1970s, media exposés and congressio­nal hearings made Americans aware that Nazi perpetrato­rs were living in this country. In 1979, the Justice Department launched a vigorous effort to identify them and bring them to justice.

These investigat­ions were among the most challengin­g ever undertaken by law enforcemen­t. Evidentiar­y trails had long since grown cold. Witnesses had perished at the hands of the Nazis or died since the war’s end. The Nazis had destroyed many incriminat­ing documents, and others were inadverten­tly destroyed.

Despite these obstacles, the program has been a tremendous success. Although the ex post facto clause of the US Constituti­on prohibited the exercise of criminal jurisdicti­on in these cases, the US government can bring denaturali­zation and removal cases to revoke ill-procured US citizenshi­p. Between 1990 and 2010, the United States won more cases against Nazi criminals than did all of the government­s of the rest of the world combined.

But, despite this extraordin­ary success, some European countries refused to readmit Nazi persecutor­s ordered deported by American courts. When this administra­tion came into office, Palij was the only such Nazi persecutor still alive in this country. No European country would take him, and he was already in his 90s. The odds of being able to carry out his removal seemed slim.

The Trump administra­tion ignored those odds and commenced intense discussion­s with the German government to secure Palij’s readmissio­n. When Ambassador Richard Grenell arrived in Berlin, he came with a mission — directly from the president — to get Palij out of the United States.

Grenell raised it in every meeting he had with German interlocut­ors, making the argument that it was Germany’s historical moral responsibi­lity to take Palij since he had worked for the then-German Nazi regime — which, eventually, Foreign Minister Heiko Maas agreed with. It was through the renewed energy in the chancellor’s new cabinet, specifical­ly with Maas and Interior Minister Horst Seehofer, and the direct involvemen­t of Grenell that Germany agreed to accept him.

On Aug. 21, ICE agents escorted Palij back to Germany aboard a chartered plane. Palij’s removal demonstrat­es the necessity of safeguardi­ng the benefit of American citizenshi­p from fraudulent cases, and makes clear that participan­ts in Nazi crimes — and other humanright­s violators, whether in the Balkans, Central America or elsewhere around the world — will find no safe haven on American soil, even in their old age.

 ??  ?? His luck finally ran out: Ex-Nazi Jakiw Palij was deported last week.
His luck finally ran out: Ex-Nazi Jakiw Palij was deported last week.

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