In the case of Gonzales v. Landon, District Director, Immigration and Naturalization Service et al., 1955, the U.S Supreme Court ruled that an alien who had been legally residing in the United States could be detained indefinitely by immigration authorities if they were deemed a threat to national security or public safety. The petitioner was Rosalio Gonzales, a Mexican citizen who had lived in America since he was one year old but never became a naturalized citizen. He was ordered deported due to his membership in the Communist Party from 1942-1947 under laws barring communists from entering or remaining in America. While awaiting deportation proceedings for several years (due to Mexico's refusal to accept him), he challenged his continued detention as unlawful imprisonment without trial. However, the court upheld that federal law gave broad discretion over aliens' custody pending final determination of their deportability and did not require immediate release after an order of deportation.

In the dissenting opinion for Gonzales v. Landon, Justice William O. Douglas argued that the majority's decision to allow indefinite detention of a deportable alien was not in line with American values or legal principles. He contended that such an interpretation of immigration law would lead to arbitrary and potentially abusive use of power by immigration officials. Furthermore, he expressed concern about the potential violation of constitutional rights, particularly due process and protection against cruel and unusual punishment. In his view, even aliens who have committed crimes should be entitled to basic human rights protections under U.S law while awaiting deportation proceedings.