The Trump administration has announced plans to appeal a recent federal court order that would allow all importers to seek refunds of tariffs invalidated by the U.S. Supreme Court, signaling potential disruption and delay in what has already become a significant refund process.
According to reports, the Department of Justice intends to challenge the court’s “universal injunction,” arguing that refunds should be limited to importers that filed legal challenges, rather than extended to all affected businesses. This appeal could slow or complicate the distribution of what U.S. Customs and Border Protection estimates to be up to $166 billion in refunds, as the agency had already begun issuing payments and processing tens of billions of dollars in claims.
The Supreme Court ruled in February 2026 that tariffs imposed under the International Emergency Economic Powers Act (IEEPA) exceeded presidential authority, opening the door for importers to recover duties paid under those measures. A subsequent court order expanded eligibility to all importers, not just litigants, prompting the current appeal and introducing new uncertainty into the timing and scope of refunds.
Importers should continue to monitor developments closely and take proactive steps to preserve their refund rights. For a detailed overview of the refund landscape and recommended actions, see our prior alert: IEPPA Tariff Refunds: Where Things Stand and Why Importers Need to Act Now.
CBIZ will continue to closely monitor the Trump appeal and keep you posted on next steps. Visit our Integrated Tariff Solutions for more information, or contact a member of our team.
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