Ranking Member Markey, Wyden, Shaheen, and 19 Senate Democrats Release Legislation Requiring Refunds of Trump’s Illegal Tariff Taxes

Bill Instructs Trump Administration to Prioritize Small Businesses; Requires Full Refund of Illegal Trump Tariffs in 180 Days

(Washington, February 23) - Ranking Member Edward J. Markey (D-Mass.), Senate Finance Committee Ranking Member Ron Wyden (D-Ore.), and Foreign Relations Committee Ranking Member Jeanne Shaheen (D-N.H.) introduced legislation today to require full refunds of Trump's illegal tariff taxes, which were struck down by the U.S. Supreme Court on Friday by a 6-3 vote.

To date, the Trump administration has collected nearly $135 billion in illegal tariff revenue, raising taxes on products from nearly every country on earth and jacking up prices for American families. The Tariff Refund Act of 2026 will require the full refund, with interest, of those funds.

"Trump's illegal tariff taxes cost small businesses, consumers, and families nearly $135 billion. That money must be repaid immediately. For small businesses with little to no resources, this refund process can be extremely difficult and time consuming," said Ranking Member Markey. "That is why I am proud to introduce the Tariff Refund Act with Senators Wyden and Shaheen. Our bill would require the tariffs to be refunded and level the playing field-putting small importers and small businesses first in the refund process and eliminating needless administrative barriers. It's Main Street and working families that paid Trump's tariff taxes, and we must ensure they get their money back-not big corporations."

"Trump's illegal tax scheme has already done lasting damage to American families, small businesses and manufacturers who have been hammered by wave after wave of new Trump tariffs," Senator Wyden said. "Senate Democrats will continue fighting to rein in Donald Trump's price-hiking trade and economic policies. A crucial first step is helping people who need it most, by putting money back in the pockets of small businesses and manufacturers as soon as possible."

"President Trump's reckless and chaotic tariffs have only caused uncertainty and pain-raising prices on consumers and businesses when they can least afford it," said Senator Shaheen. "Now that the Supreme Court has made it clear that the President did not have the authority to unilaterally impose sweeping emergency tariffs, it's critical that American families and small businesses get the relief they need. That starts by President Trump refunding the illegally collected tariff taxes that Americans were forced to pay."

The bill is co-sponsored by Sen. Chuck Schumer, D-N.Y., Sen. Ben Ray Luján, D-N.M., Sen. Mazie Hirono, D-Hawaii, Sen. Chris Coons, D-Del., Sen. John Hickenlooper, D-Colo., Sen. Angus King, D-Maine, Sen. Angela Alsobrooks, D-Md., Sen. Andy Kim, D-N.J., Sen. Maria Cantwell, D-Wash., Sen. Jacky Rosen, D-Nev., Sen. Dick Durbin, D-Ill., Sen. Tim Kaine, D-Va., Sen. Alex Padilla, D-Calif., Sen. Mark Warner, D-Va., Sen. Adam Schiff, D-Calif., Sen. Richard Blumenthal, D-Conn., Sen. Patty Murray, D-Wash., Sen. Chris Van Hollen, D-Md., and Sen. Michael Bennet, D-Colo.

The Trump administration previously recognized that 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.

The Tariff Refund Act of 2026 would 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 in order to receive a refund of the tariffs unlawfully collected by the Administration. The bill also directs 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.

What the Bill Does:

1. Requires CBP to pay refunds of all tariffs that were unlawfully imposed by the President under IEEPA and paid by importers-even if the importation has already been finalized and closed ("liquidated") by CBP.
2. 1. Sets a deadline of 180 days after enactment for CBP to process all refunds.
   2. Requires CBP to pay interest on the refunded amount.
3. Directs CBP to prioritize small businesses when paying refunds and to coordinate with the SBA to provide key information on the refund process to small businesses.
4. Requires CBP to report every 30 days to relevant congressional committees on the status of refunds until CBP has completed the payment of all refunds.
5. Directs CBP to issue guidance on how to address duty drawback claims.
6. Expresses the Sense of Congress that importers, wholesalers, and large corporations should pass on those refunds to their customers.

Ranking Member Markey has led the fight to deliver real relief for America's small businesses that are struggling because of Trump's reckless tariff taxes.

• Last week, Ranking Member Markey applauded the Supreme Court's decision to strike down Trump's illegal tariffs, held a press conference with Massachusetts small business owners, and called for immediate refunds for America's small businesses.
• Earlier in February 2026, Ranking Member Markey released a report detailing how Trump's affordability crisis, including his devastating tariffs, are hurting Main Streets and working families across America.
• In December 2025, Ranking Member Markey released new state-by-state data on total tariffs paid by small businesses from March to September 2025.
• In November 2025, Ranking Member Markey sent a letter to Small Business Administration (SBA) Administrator Kelly Loeffler, Secretary of Commerce Howard Lutnick, U.S. Trade Representative Jamieson Greer, and Acting Chair of the Council of Economic Advisors (CEA) Pierre Yared to renew his call for an equitable tariff refund process for small businesses.
• Earlier in November 2025, Ranking Member Markey held a press conference to highlight the voices of small business owners impacted by Trump's devastating tariffs, and to call on the Supreme Court to strike down the tariffs.
• Previously, Ranking Member Markey held a press conference to highlight the voices of small business owners impacted by Trump's tariffs. Ranking Member Markey introduced the Small Business RELIEF Act in September 2025, which exempts small businesses from the "Liberation Day" tariffs and requires the President to provide refunds to small businesses who have paid them.
• In August 2025, Ranking Member Markey sent a letter to Small Business Administration (SBA) Administrator Kelly Loeffler, Secretary of Commerce Howard Lutnick, U.S. Trade Representative Jamieson Greer, and CEA Chair Stephen Miran, calling on their respective agencies to establish and publicize procedures for refunding tariffs to American businesses.
• Ranking Member Markey first attempted to pass the Small Business Liberation Act, legislation that would exempt small businesses from the broad, reckless global tariffs imposed by the Trump administration, in May 2025. Ranking Member Markey returned to the Senate floor in an effort to pass the Small Business Liberation Act in August 2025. Republicans blocked his legislation on the Senate floor on both occasions.

Permalink: https://www.sbc.senate.gov/public/index.cfm/2026/2/ranking-member-markey-wyden-shaheen-and-19-senate-democrats-release-legislation-requiring-refunds-of-trump-s-illegal-tariff-taxes