In the 1963 case of Costello v. Immigration and Naturalization Service, Frank Costello, a naturalized US citizen originally from Italy, was ordered to be deported due to his involvement in organized crime activities prior to his naturalization. The Supreme Court ruled that despite these criminal activities occurring before he became a citizen, they were grounds for deportation under the Immigration and Nationality Act of 1952. This act allowed for deportation if an individual had committed crimes involving "moral turpitude" within five years after entry into the United States or if two such crimes were committed at any time following entry. Despite arguments that this law should not apply retroactively or that it violated constitutional rights against ex post facto laws and double jeopardy, the court upheld its constitutionality as well as its application in this case.

In the dissenting opinion for Costello v. Immigration and Naturalization Service, Justice Black argued that the majority's decision to deport Frank Costello was a violation of his constitutional rights. He contended that it was unfair to use evidence from an earlier trial in which Costello had been acquitted as grounds for deportation. Furthermore, he believed that this case represented a dangerous precedent where individuals could be punished twice for the same crime - once through criminal proceedings and again through immigration procedures. This, according to Justice Black, violated the principle of double jeopardy enshrined in the Fifth Amendment of Constitution. Additionally, he expressed concern about using deportation as punishment since it is technically not considered a penalty under law but rather an administrative procedure.