WASHINGTON, D.C. – President Joe Biden has ordered a complete halt to the deportation of illegal criminal aliens hiding within the United States.  Those criminal aliens include murderers, sex offenders, child sex offenders, rapists, and human traffickers.  Today, the Biden administration made an exception to the rule by allowing the deportation of 95-year-old former Nazi concentration camp guard Friedrich Karl Berger.

While Berger should be deported, the exception has raised more than a few eyebrows as it comes days after the Biden administration shut down Operation Talon, a nationwide program that helped law enforcement remove more recent criminal illegal aliens who actually still pose a clear and present danger to Americans in every city and small town across the country.

On Friday, the exception was made and Berger was deported.  He should have been.  The illegal aliens who commit murder, rape and child sex offenses should also be removed, but since taking office, not a single one has been.  The deportations stopped immediately.  ICE even stopped reporting arrests of illegal criminal activity by illegal aliens.

Berger, a German citizen, participated in Nazi-sponsored persecution while serving in 1945 as an armed guard of concentration camp prisoners in the Neuengamme Concentration Camp system (Neuengamme). He was ordered removed from the United States in February 2020.

Berger was investigated and prosecuted by the Department of Justice’s Human Rights and Special Prosecutions Section, ICE’s Office of Principal Legal Advisor (Memphis, Tennessee), Human Rights Violators and War Crimes Center (HRVWCC) and Homeland Security Investigations’ field office in Knoxville, Tennessee.

“Berger’s removal demonstrates the Department of Justice’s and its law enforcement partners’ commitment to ensuring that the United States is not a safe haven for those who have participated in Nazi crimes against humanity and other human rights abuses,” said Acting Attorney General Monty Wilkinson. “The Department marshaled evidence that our Human Rights and Special Prosecutions Section found in archives here and in Europe, including records of the historic trial at Nuremberg of the most notorious former leaders of the defeated Nazi regime. In this year in which we mark the 75th anniversary of the Nuremberg convictions, this case shows that the passage even of many decades will not deter the Department from pursuing justice on behalf of the victims of Nazi crimes.”

In November 2020, the Board of Immigration Appeals upheld a Memphis, Tennessee, Immigration Judge’s Feb. 28, 2020, decision that Berger was removable under the 1978 Holtzman Amendment to the Immigration and Nationality Act because his “willing service as an armed guard of prisoners at a concentration camp where persecution took place” constituted assistance in Nazi-sponsored persecution. The court found that Berger served at a Neuengamme sub-camp near Meppen, Germany, and that the prisoners there included “Jews, Poles, Russians, Danes, Dutch, Latvians, French, Italians, and political opponents” of the Nazis. The largest groups of prisoners were Russian, Dutch and Polish civilians.

After a two-day trial in February 2020, the presiding judge issued an opinion finding that Meppen prisoners were held during the winter of 1945 in “atrocious” conditions and were exploited for outdoor forced labor, working “to the point of exhaustion and death.” The court further found, and Berger admitted, that he guarded prisoners to prevent them from escaping during their dawn-to-dusk workday, on their way to worksites and on their way back to the SS-run subcamp in the evening.

At the end of March 1945, as allied British and Canadian forces advanced, the Nazis abandoned Meppen. The court found that Berger helped guard the prisoners during their forcible evacuation to the Neuengamme main camp – a nearly two-week trip under inhumane conditions, which claimed the lives of some 70 prisoners. The decision also cited Berger’s admission that he never requested a transfer from concentration camp guard service and that he continues to receive a pension from Germany based on his employment in Germany, “including his wartime service.”

In 1946, British occupation authorities in Germany charged SS Obersturmführer Hans Griem, who had headed the Meppen sub-camps, and other Meppen personnel with war crimes for “ill-treatment and murder of Allied nationals.” Although Griem escaped before trial, the British court tried and convicted the remaining defendants of war crimes in 1947.

The trial and appeal of the removal case were handled by attorneys from DOJ’s Human Rights and Special Prosecutions Section (HRSP) and from ICE New Orleans, Office of the Principal Legal Advisor (Memphis). DOJ’s Office of Immigration Litigation (OIL) participated in the litigation of Berger’s appeal.

The investigation was initiated by the HRSP and was conducted in partnership with the Nashville ICE HSI office.

Acting Attorney General Monty Wilkinson expressed gratitude for assistance provided by the FBI, our German colleagues, and by the U.S. Holocaust Memorial Museum.

Since the 1979 inception of the Justice Department’s program to detect, investigate, and remove Nazi persecutors, it has won cases against 109 individuals. Over the past 30 years, the Justice Department has won more cases against persons who participated in Nazi persecution than have the law enforcement authorities of all the other countries in the world combined. HRSP’s case against Berger was part of its ongoing efforts to identify, investigate and prosecute individuals who engaged in genocide, torture, war crimes, recruitment or use of child soldiers, female genital mutilation, and other serious human rights violations. HRSP attorneys prosecuted the first torture case brought in the United States and have successfully prosecuted criminal cases against perpetrators of human rights violations committed in Guatemala, Ethiopia, Liberia, Cuba, and the former Yugoslavia, among others.

This removal was supported by ICE’s Human Rights Violators and War Crimes Center (HRVWCC). The HRVWCC is comprised of ICE HSI’s Human Rights Violators and War Crimes Unit, ICE’s Human Rights Law Division, FBI’s International Human Rights Unit, and DOJ’s HRSP and OIL. Established in 2009, the HRVWCC furthers the government’s efforts to identify, locate and prosecute human rights abusers in the United States, including those who are known or suspected to have participated in persecution, war crimes, genocide, torture, extrajudicial killings, female genital mutilation and the use or recruitment of child soldiers. The HRVWCC leverages the expertise of a select group of agents, lawyers, intelligence and research specialists, historians and analysts who direct the government’s broader enforcement efforts against these offenders.

Since 2003, ICE has arrested more than 460 individuals for human rights-related violations of the law under various criminal and/or immigration statutes. During that same period, ICE obtained deportation orders against and physically removed 1064 known or suspected human rights violators from the United States. Additionally, ICE has facilitated the departure of an additional 172 such individuals from the United States.

Currently, HSI has more than 155 active investigations into suspected human rights violators and is pursuing more than 1,675 leads and removals cases involving suspected human rights violators from 95 different countries. Since 2003, the HRVWCC has issued more than 77,000 lookouts for individuals from more than 110 countries and stopped over 333 human rights violators and war crimes suspects from entering the U.S.

Members of the public who have information about foreign nationals suspected of engaging in human rights abuses or war crimes are urged to call the ICE tip line at: 1-866-DHS-2423 (1-866-347-2423). Callers may remain anonymous. To learn more about the assistance available to victims in these cases, the public should contact ICE’s confidential victim-witness toll-free number at 1-866-872-4973.