MONEY · EXPLAINED
The Supreme Court Said the Tariffs Were Illegal. Who Gets the Money Back?
The Supreme Court struck down the president’s emergency tariffs in February, and the United States government now has to return about 166 billion dollars. Why refunds go to importers first, why some companies had to sue, and what the government says.
Transcript of the video edition
The Supreme Court said the tariffs were illegal. So who gets the money back? Here is the short answer, and why it is complicated.
One. In February, the Supreme Court ruled six to three that the International Emergency Economic Powers Act does not let the president impose these tariffs. The government had collected about one hundred sixty-six billion dollars under them.
Two. Refunds began in April. Customs and Border Protection opened an online portal called CAPE. Importers file claims there. Officials said most approved refunds should arrive within sixty to ninety days, but warned that delays were likely.
But not every importer is covered. Some older entries were too far past the deadline for the system to process, so those companies had to file their own lawsuits. In October, a federal trade judge certified a class, so importers who never sued can share in one order.
The other side’s strongest point: the government argues that a refund order covering everyone goes too far, and the Justice Department is expected to appeal. Its case is that claims should be handled one at a time.
Three. The money goes to importers, the companies that paid the duties at the border. Many shoppers paid higher prices along the way, and they do not get a refund automatically. Estimates on what is still owed also differ, so check the official updates.
So, who gets the one hundred sixty-six billion dollars back? The court said the tariffs were illegal. The open question is who gets the money.
Sources
- NBC Washington, Feb 20, 2026: Supreme Court strikes down Trump’s authority to impose sweeping tariffs (International Emergency Economic Powers Act does not authorize tariffs)
- TIME, Feb 2026: Supreme Court rules most of Trump’s tariffs are illegal
- National Taxpayers Union, Feb 2026: Why the Supreme Court ruled against Trump’s tariffs (6-3 decision; Justice Kavanaugh wrote that the ruling said nothing about how refunds should be paid)
- CPA Practice Advisor, Apr 20, 2026: Trump administration opens process of refunding 166 billion dollars in tariffs (CBP CAPE portal; refunds expected in 60 to 90 days, with delays likely)
- BNN Bloomberg, Mar 31, 2026: Customs says tariff refund system progressing, but payments may take up to 45 days
- Holland & Knight, June 2026: IEEPA tariff refund update; government appeals Court of International Trade refund order, expected to argue universal relief is an impermissible universal injunction; about 90 billion dollars in claims accepted and about 23 billion sent to Treasury (as of June)
- MLex, Oct 2026: US trade court certifies importer class, opening new tariff refund fight (Freestyle World v. United States; class covers importers who paid duties Feb 1, 2025 to Feb 19, 2026, excluding those who sued; Justice Department has argued against a class action)
- DWT, Oct 2026: Trade Court certifies non-litigant importer class in IEEPA duty refund litigation
- Bloomberg Law via Bloomberg Government, Oct 2026: Trade Court certifies importer class; customs reports about 130 billion dollars processed; Judge Eaton’s order says about 30 billion dollars would remain on deposit if CAPE stopped working; figures differ across sources
This video edition was scripted with automated tools from the sources listed, narrated by a synthetic voice and published by Daniel Varrone. Corrections: editor@monochromechronicles.com