Reprinted from The Jewish Advocate, Boston MA, June 28, 1990 STOUGHTON NAZI WILL REMAIN A 'QUIET NEIGHBOR' By Judith Antonelli Advocate Staff Albert Ensin, a member of the SS Death's Head Battalion who served in Auschwitz from December 1941 to July 1943, will not be deported but will be allowed to remain in his home in Stoughton, a U.S. immigration judge ruled last week. Although Ensin, 68, confessed to being a "perimeter guard" at Auschwitz-Birkenau, and Judge Annette Elstein ordered him deported, the order was suspended after a doctor told the judge that moving ensin could be life-threatening. Ensin has had three strokes and kidney failure, and requires a dialysis machine. He is a native of Lithuania and has never become a U.S. citizen. Joseph F. O'Neil, Ensin's lawyer, said he is pleased with the verdict. "Ensin did not participate in the persecutions," O'Neil asserted. "He was a perimeter guard-he guarded the en- trance and exit [of the camp]. But current immigration law sweeps broadly, and says someone is deportable for assisting in persecu- tions just because they were in the environs of the camp." Asked if being a perimeter guard meant Ensin would have shot people who tried to escape from the camp, O'Neil replied, "That never happened." "That's bunk," stated Allan Ryan, Jr., director of the Office of Special Investigations (OSI) of the Justice Department from 1980-83. Ryan, author of Quiet Neighbors (a term which precisely fits the description of Ensin by Stoughton residents who knew him) is now serving as general counsel at Harvard Uni- versity. "Perimeter guard is a common defense," Ryan told the Advo- cate. "It's like the bakery defense-'I was only baking bread in the bakery at Auschwitz.' We heard that a lot. "But there is no such thing as a passive observer at Ausch- witz-Birkenau," Ryan continued. "If you were stationed there, you were part of the process of murder. It's all part of the same process of killing that Auschwitz-Birkenau was so good at. "People like Ensin say that they were just doing their duty, that if they had refused they would have been shot. That's crap. Soldiers who didn't want to be [concentration camp] guards were sent off to the front. Nobody was shooting at the soldiers who were camp guards, so their life expectancy was longer than it would have been at the Russian front." Ryan disputed the notion that Ensin's illness is a reason to permanently waive deportation. "It's not the way I would have done it. I would not agree that he could indefinitely stay in the U.S. I would require that he have a physical examination every six months and that the results be provided to us. "I would want a certified medical opinion that putting him on an airplane would risk his life. If his situation changed or improved, deportation should be carried out. I have never felt it was appropriate to provide a guard at Auschwitz-Birkenau the right to stay in this country." he declared. The Death's Head Battalion "had the skull and crossbones on their caps," Ryan noted. "Their whole purpose was to run the death camps. They weren't the Boy Scouts." Those who call the punishment of elderly Nazi war criminals "revenge" are those who are "least qualified to talk about it," Ryan added. "The only people with that right are the survivors, and in my 10 years or more of working in this area, I can only say what little interest the survivors have in revenge. They are committed to justice. Commenting on the recent House of Lords decision not to prosecute Nazi war criminals living in Great Britain, Ryan stat- ed, "The House of Lords does not have the slightest right to talk about revenge, because they were not the victims. But the British have been doing this one way or another since 1945. They have been very uncooperative with OSI. They prefer that the whole issue would just go away. It is shameful that Britain has gone on record as refusing to prosecute Nazi war criminals." Rabbi Harold Schechter of Congregation Ahavath Torah in Stoughton also disagrees with the ruling on Ensin. "Some punish- ment should be meted out," he said. "'Never again' has to be emphasized. I am not very happy about this. But it's not a singu- lar case. It's found all over the world. You never know if there's a Nazi war criminal living on your street." Schechter said the case was discussed by his congregation at the synagogue's Friday night services. He added that some of the people are considering a protest with placards in front of En- sin's house on Summer Street, to be done "in a manner keeping with the spirit of the Jewish community." But, the Rabbi said they are waiting "to hear the ADL's [Anti-Defamation League's] views of what should be done." The ADL was on staff retreat early this week and was not available for comment. Copied and uploaded by Cliff Lander I would appreciate hearing any comments about this situation. You can reach me on the forum or through email. Thanks.