In the Immigration and Naturalization Service v. Errico case of 1966, the U.S Supreme Court ruled in favor of two Italian immigrants who had been ordered to be deported due to fraudulent entry into the United States. The couple had obtained visas by falsely claiming that they were unmarried children of a U.S citizen when, in fact, they were married with children. They later confessed their fraud but argued against deportation on grounds that it would cause extreme hardship for their American-born children under Section 241(f) of the Immigration and Nationality Act (INA). The INS contended this provision only applied if fraud was used to circumvent quota restrictions rather than eligibility requirements. However, the court disagreed stating Congress intended section 241(f) as an act of leniency towards aliens who have close family ties in America regardless of whether misrepresentation was made about quota or non-quota matters. Therefore, it held that even though Mr.and Mrs.Errico's false statements related to their marital status (a non-quota matter), they could still seek relief from deportation under section 241(f).

In the dissenting opinion for Immigration and Naturalization Service v. Errico, Justice Harlan disagreed with the majority's interpretation of Section 241(f) of the Immigration and Nationality Act. He argued that this provision was intended to protect immigrants who had committed minor infractions from being deported due to their close family ties in America, not those who had engaged in serious fraud or misrepresentation during their immigration process. According to him, by extending protection under section 241(f) even to those guilty of substantial deceit, the court was undermining Congress' intent behind this law which is aimed at maintaining integrity in immigration procedures while also considering humanitarian concerns. He believed that such a broad interpretation could potentially encourage fraudulent practices among prospective immigrants as it provides them with an assurance against deportation if they manage to establish familial relationships within U.S., irrespective of how they entered into country initially.