U.S. investigators alleged that he participated in a 1943 mass shooting in Poland in which 8,000 Jewish men, women and children were murdered in pits at Trawniki in a single day.
"Josias Kumpf, by his own admission, stood guard with orders to shoot any surviving prisoners who attempted to escape an SS massacre that left thousands of Jews dead," Acting Assistant Attorney General Rita Glavin said in a statement.
Peter Rogers, Kumpf's immigration attorney, said Kumpf was stationed at Trawniki, "but he never laid a finger on anyone, he never shot at anyone."
"In fact, even the government never asserted that he took any particular action," Rogers told The Associated Press. "The court found his mere presence at a place where admittedly horrible, horrible things happened, was sufficient to find him a persecutor."
Justice Department spokesman Ian McCaleb referred attempts for comment to a 2006 ruling by the 7th Circuit Court of Appeals ruling. "Kumpf's personal presence functioned to discourage escape attempts and maintain order over the prisoners... (H)e presided over and witnessed the torture and murder of helpless people," it said.