Warner & Kaine Introduce Legislation to Require Refunds of Trump’s Illegal Tariffs

WASHINGTON, D.C. –U.S. Senators Mark R. Warner and Tim Kaine (both D-VA) introduced legislation to require full refunds of Trump’s illegal tariffs, after they were struck down by the U.S. Supreme Court on Friday by a 6-3 vote. To date, the Trump administration has collected an estimated $175 billion in illegal tariff revenue, raising taxes on products from nearly every country on earth, and jacking up prices for American families. TheTariff Refund Act of 2026would require the full refund, with interest, of those funds.
“Trump’s reckless tariffs have driven up costs for families, consumers, and small businesses, and the money that Americans have lost as a result of these illegal taxes needs to be returned to them. I’m proud to introduce this legislation that will prioritize providing relief to local businesses and working families,”said Warner.“As prices rise to new heights under the Trump administration, I will continue fighting to make the cost of living affordable for Virginians.”
“I am glad the Supreme Court ruled against President Trump’s ridiculous abuse of emergency power to impose broad-based, cost-raising taxes on American consumers and businesses,”said Kaine.“These tariffs were a mistake from the start, which is why I led the charge to challenge them in the Senate. Now, I’m glad to team up with my colleagues to press the Administration to fully refund Americans for the costs President Trump forced on them.”
TheTariff Refund Act of 2026would ensure that U.S. Customs and Border Protection (CBP) completes the payment of refunds quickly and prioritizes the interests of small businesses in that process. Importantly, the bill would ensure that importers are not required to take costly administrative steps to receive a refund of the tariffs unlawfully collected by the Administration. The bill would also direct CBP to coordinate with the Small Business Administration (SBA) to provide information and technical support. Finally, the bill’s reporting requirements would provide Congress, which has constitutional authority over trade and tariffs, with proper oversight over the refund payment process.
The Trump administrationpreviouslyrecognizedthat it must refund, with interest, any duties determined to have been unlawfully collected. However, it is unclear what timeline, process, or other guidelines the administration would follow to provide refunds—and the lack of a clear, accessible process would necessarily advantage large importers with resources to dedicate to outside counsel and consultants.
In addition to Warner and Kaine, this bill was led by U.S. Senators Ron Wyden (D-OR), Edward Markey (D-MA), Jeanne Shaheen (D-NH), Chuck Schumer (D-NY), Ben Ray Luján (D-NM), Mazie Hirono (D-HI), Chris Coons (D-DE), John Hickenlooper (D-CO), Angus King (I-ME), Angela Alsobrooks (D-MD), Andy Kim (D-NJ), Maria Cantwell (D-WA), Jacky Rosen (D-NV), Dick Durbin (D-IL), Alex Padilla (D-CA), Adam Schiff (D-CA), Richard Blumenthal (D-CT), Patty Murray (D-WA), Chris Van Hollen (D-MD), and Michael Bennet (D-CO).
A copy of the bill text ishere.
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