79-Year-Old WWII Refugee Detained by ICE Under Decades-Old Deportation Order

In October, immigration authorities detained 79-year-old Paul John Bojerski—who has lived in the United States since 1952—after officials said he failed to comply with a deportation order issued in 1968. A judge has ordered that Bojerski remain in Immigration and Customs Enforcement (ICE) custody while she weighs the legal and practical complications of the case.

Born Zbigniew Janusz Bojerski in a German refugee camp in 1946 to Polish parents, he was brought to the United States with his family in 1952 and was admitted as a lawful permanent resident under the Displaced Persons Act of 1948. He never naturalized.

Longstanding orders, failed removal attempts

In his early 20s, Bojerski was convicted of larceny and receiving stolen goods, which led to a deportation order in 1968. Attempts to remove him at the time failed because Poland and West Germany—then under communist governments—refused to accept him. In 1969 a court ordered his release from custody and permitted him to apply for employment authorization.

After his release he was convicted of rape in 1972 and served three years in prison. His wife of 37 years, Gayle Bojerski, has said the conviction grew out of a complex fraternity-party case involving multiple students; Bojerski maintains he was not involved. Following his release he completed his education, became an optician, moved to Florida, and worked there until retirement.

Supervision, renewed enforcement and legal uncertainty

Bojerski later applied for permanent residency through his wife, arguing the 1968 deportation order had effectively been satisfied—citing travel and reentry episodes that occurred without incident. A court declined to find the prior deportation order satisfied and denied his application, issuing a new supervision order in 2010.

After roughly 15 years of compliance under that supervision order, immigration officials took Bojerski into ICE custody during a follow-up meeting on October 30. At a bond hearing, Judge Romy Lerner said she was concerned about detaining a man of his age and medical condition but postponed a final bond decision because of the case's legal complications. The court was told the government intends to appeal any decision to grant bond and may issue a new deportation order to remove him to a third country if the 1968 order is found invalid.

Health and welfare concerns

Since his detention, Bojerski's health has reportedly declined. He has undergone three back surgeries in recent years, uses a wheelchair, and relies on medications that his wife says he has had trouble receiving in custody. His wife also reported an incident in which staff were locked out of his housing unit, leaving him on the floor for hours after a fall and resulting in a minor concussion.

Judge Romy Lerner: "I have concerns about detaining Mr. Bojerski given his age and health, but the case presents complex legal questions and potential appeals that could affect any decision."

Broader implications

Legal advocates say Bojerski's case highlights practical difficulties that arise when decades-old, unenforced deportation orders resurface. Some people subject to removal orders lack passports or a country willing to receive them. Observers note that expanded enforcement efforts can sweep up people with long-ago convictions who have served sentences and spent decades living in the United States.

The case remains unresolved as the court and the government consider whether to reinstate or replace the decades-old removal order and whether Bojerski can be released on bond while those questions are litigated.