In the 1956 case of Lehmann v. United States ex rel. Carson or Carasaniti, the U.S Supreme Court ruled on an immigration matter involving a British national who had been ordered to be deported due to his membership in the Communist Party from 1938-1940. The petitioner argued that he was not deportable because he had left the party before Congress passed laws making such affiliation grounds for deportation and thus should not be retroactively punished for past actions which were legal at that time. However, the court held that despite these facts, under Section 22 of Internal Security Act of 1950 (also known as McCarran Act), any alien who has ever been a member of or affiliated with communist organization is subject to deportation regardless when their membership occurred. Therefore, it upheld his deportation order.

In the dissenting opinion for Lehmann v. United States ex rel. Carson or Carasaniti, Justice Frankfurter argued that the majority's decision to grant relief under Section 243(h) of the Immigration and Nationality Act was a misinterpretation of Congressional intent. He believed that Congress intended this provision as a last resort for individuals who could prove they would face physical persecution if deported, not simply economic hardship or social ostracism. Furthermore, he contended that by granting relief in this case where there was no evidence of potential physical harm upon deportation, it set an overly broad precedent which could lead to misuse of Section 243(h). The justice also expressed concern about judicial overreach into matters better suited for legislative or executive discretion.