A coalition of Senate Democrats, including independent Sen. Bernie Sanders of Vermont, is turning up the heat on U.S. Trade Representative Jamieson Greer over the fate of tariff refunds following a Supreme Court decision that struck down the previous administration's use of emergency powers to levy duties.
The lawmakers—Elizabeth Warren of Massachusetts, Martin Heinrich of New Mexico, Sheldon Whitehouse of Rhode Island, Richard Blumenthal of Connecticut, Cory Booker of New Jersey, and Sanders—sent a letter questioning whether Greer or other officials have any blueprint to ensure that tariff refunds actually reach the American households that bore the brunt of higher prices.
At issue is the Trump administration's aggressive invocation of the International Emergency Economic Powers Act (IEEPA) to slap tariffs on nearly all trading partners. The Supreme Court in February ruled that IEEPA does not grant the president such sweeping tariff authority, with Chief Justice John Roberts writing that the law does not authorize the imposition of tariffs.
“We write to seek information about what steps, if any, the Administration will take to make consumers whole for the illegal IEEPA tariffs—and, if President Trump's replacement tariffs are also struck down, for those tariffs as well,” the senators wrote.
Customs and Border Protection (CBP) set up a refund mechanism earlier this year, but it is limited to corporate claims. CBP has said that more than 330,000 importers paid roughly $166 billion in these tariffs. While some companies have received refunds—Amazon got $600 million, Walmart $2.9 billion, and General Motors $500 million, according to earnings reports—the senators note that CBP initially fought court orders to issue refunds and has now delayed the final phase of payments indefinitely.
“CBP went to court to fight the order forcing them to issue refunds, and after losing that fight, they have now delayed the final phase of refund payments indefinitely,” the group said.
The lawmakers are pressing for details on whether the administration has calculated the total cost of IEEPA tariffs to consumers, and what specific steps it has taken to ensure that corporate refunds are passed through to the public. They also want to know how much revenue has been collected from the new Section 122, 339, and 301 tariffs enacted this year, along with the legal analysis underpinning those measures and contingency plans should they be invalidated.
The U.S. Trade Representative's Office did not immediately respond to a request for comment. The development comes as the administration faces mounting legal challenges over its tariff policies, with critics arguing that the executive branch is overstepping its constitutional authority.
This push for consumer relief echoes broader concerns about the economic impact of trade actions, which have been a flashpoint in ongoing trade disputes and international negotiations. Lawmakers are also scrutinizing the administration's broader use of executive power, raising questions about accountability and oversight.
