In the 1923 Supreme Court case United States ex rel. Tisi, alias Cortina v. Tod, Commissioner of Immigration at the Port of New York, an Italian immigrant named Francesco Tisi was denied entry into the U.S due to his alleged affiliation with a group advocating for overthrowing the government by force and violence. The court had to decide whether or not this denial was lawful under immigration laws that excluded individuals who believed in or advocated for such actions. The Supreme Court ruled in favor of Tod (the Commissioner), upholding Tisi's exclusion from entering America on these grounds. They concluded that even though there wasn't direct evidence showing he personally endorsed violent revolution against governments, his membership in an organization promoting such ideas made him fall within those barred by law from admission into the country.

In the dissenting opinion for the case of United States ex rel. Tisi, Alias Cortina v. Tod, Justice Oliver Wendell Holmes Jr., joined by Justice Louis Brandeis, disagreed with the majority's decision to deport an immigrant based on a crime committed prior to his immigration. The justices argued that since Tisi had already served his sentence in Italy before immigrating to America and there was no evidence he posed a threat or danger upon arrival, it was unjustifiable to deport him years later due only to this past conviction. They contended that such action contradicted principles of double jeopardy as well as fairness and proportionality in punishment. Furthermore, they questioned whether Congress intended for deportation laws to apply retroactively or if these were meant primarily as preventative measures against potential threats from incoming immigrants.