In the case of Tod, Commissioner of Immigration v. Waldman et al., 1924, the U.S Supreme Court ruled in favor of the Commissioner of Immigration. The issue at hand was whether or not a Jewish woman and her two children could be deported on grounds that they were likely to become public charges due to their poverty-stricken condition upon arrival from Russia. The court held that an immigrant can be excluded if it appears likely that he or she will become a public charge, even if there is no statutory provision for such exclusion. This decision upheld immigration officials' broad discretionary power in determining who may enter the country based on economic status and potential reliance on state support.

In the dissenting opinion for TOD, COMMISSIONER OF IMMIGRATION, v. WALDMAN et al., Justice Holmes disagreed with the majority's decision to deport Waldman based on his political beliefs. He argued that it was unconstitutional and against American principles of freedom of speech and thought to expel someone solely because they held unpopular or radical views. Furthermore, he contended that there was no evidence showing Waldman posed a threat to society or had engaged in any illegal activities related to his political ideology. Therefore, he believed the deportation order was unjustified and should be overturned.