In the case of United States ex rel. Mensevich v. Tod, Commissioner of Immigration at the Port of New York (1923), a Russian immigrant named Mensevich was detained by immigration officials upon his arrival in New York and ordered to be deported back to Russia on grounds that he was likely to become a public charge due to his physical condition. The Supreme Court ruled in favor of Mr. Mensevich, stating that there were no substantial evidence presented proving him as an individual who would become reliant on government assistance for survival or maintenance. The court also noted that while the medical certificate indicated some degree of disability, it did not conclusively establish inability for self-support nor did it suggest dependency on public aid in future.

In the dissenting opinion for United States ex rel. Mensevich v. Tod, Justice Holmes disagreed with the majority's decision to deport Mensevich based on his political beliefs as a member of the Communist Party. He argued that while Congress has broad powers over immigration policy, it cannot infringe upon an individual’s First Amendment rights by deporting them due to their political affiliations or beliefs. According to him, such actions are unconstitutional and violate fundamental principles of freedom of speech and association in America. Furthermore, he contended that there was no evidence suggesting that Mensevich posed any real threat to national security or public safety which could justify his deportation under existing laws at that time.