Trump: Tariff refund lawsuit may take several years to resolve

On February 21, 2026, US President Trump (Donald Trump) stated during a press conference on Friday, February 20, that following the Supreme Court’s rejection of the tariffs imposed under the International Emergency Economic Powers Act (IEEPA), it is currently unclear whether there will be any refunds, and if so, when they might occur. He added that resolving the litigation over tariff refunds could take several years.

“What about all the money we’ve taken in (referring to tariff revenue)? That’s not the issue that’s been discussed. Don’t you think they should have put in the ruling something like ‘Either keep this money or don’t keep it’? I guess we’ll be in court for the next couple of years,” the President said.

He later told reporters that the government may need around five years to address the issue of tariff refunds in court.

While the Supreme Court ruled on Friday that Trump’s imposition of tariffs under the IEEPA was illegal, the decision did not clarify whether the government should refund the already collected tariffs or how the refunds should be handled.

Supreme Court Justice Brett Kavanaugh pointed out in his dissenting opinion that the Court’s ruling could potentially have significant real-world consequences in the short term, including the issue of refunds. He noted that during oral arguments, all parties acknowledged that the distribution of refunds could be “a mess.”

According to Reuters, the case will now be referred back to the International Trade Court to handle refund matters. Over 1,000 importers have already filed lawsuits with the Trade Court seeking refunds, and it is expected that a significant number of new cases will continue to flood in.

Legal experts suggest that each importer may need to file a lawsuit with the International Trade Court individually to claim refunds, and it remains uncertain whether a class-action lawsuit can be established to cover all companies seeking refunds. Under US trade law, importers have two years to file a lawsuit to request refunds. This process could disproportionately harm small businesses, many of which have been disproportionately affected by tariffs compared to financially robust companies like Costco. Importers’ attorneys indicate that some small importers may forgo potential refund claims to avoid paying tens of thousands of dollars in litigation costs.