Maryland Attorney General Anthony G. Brown, alongside a coalition of eleven other state attorneys general, has formally requested that Congress enact legislation to ensure the swift refund of substantial costs incurred by American businesses and consumers due to tariffs imposed by the Trump administration. These tariffs, totaling approximately $166 billion, were declared unlawful by the Supreme Court on February 20, 2026, after being implemented under the International Emergency Economic Powers Act (IEEPA). The coalition’s primary concern is that the current refund process, as proposed by the administration, may be complicated, slow, and inequitable, potentially disadvantaging smaller entities and individuals.
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The tariffs in question were put in place in April 2025, with the former administration asserting authority under IEEPA. Following the Supreme Court’s decision to strike down these tariffs, a key point of contention has become the mechanism for reimbursement. While the Supreme Court’s ruling did not directly address tariff refunds, previous court filings from the administration had indicated an intention to refund these unlawful charges, including interest. However, the attorneys general express apprehension regarding the administration’s proposed refund procedures, particularly the reliance on a new direct deposit platform for which only a small percentage of importers are currently registered. They are advocating for legislation that would mandate automatic and equitable reimbursements for all affected importers, leveraging existing U.S. Customs and Border Protection (CBP) databases that track all unlawful IEEPA tariff payments made by direct importers.
Beyond direct importers, the coalition is also urging Congress to address the financial impact on consumers and other businesses that bore the brunt of these increased costs. Many businesses reportedly passed on the tariff expenses to their customers. The attorneys general are calling for legislation that would compel these businesses to return the refunded tariff costs to the customers and entities that ultimately paid higher prices. The current tariff structure disproportionately affected lower-income individuals, as prices for less expensive goods saw a more significant increase than those for higher-priced items. The attorneys general are advocating for Congress to consider additional measures to mitigate the economic burden placed on the most financially vulnerable populations due to these unlawful policies.
The group of attorneys general joining Maryland in this appeal includes representatives from Arizona, California, Colorado, Connecticut, New Jersey, New Mexico, New York, North Carolina, Oregon, Vermont, and Virginia. Their collective action highlights a broad concern across multiple states regarding the financial repercussions of the unlawful tariffs and the need for a clear, fair, and efficient process for restitution.
Article by Mel Anara, based upon information from the Maryland Attorney General’s Office
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