authority

WASHINGTON  — The Supreme Court agreed Monday to rule on whether the Trump administration may end the temporary protection that had been extended in the past to migrants who live and work in the United States.

At issue are legal protections for about 6,000 Syrians and up to 350,000 Haitians.

The court’s announcement signals the justices want to resolve this issue in a written opinion rather through emergency appeals.

Twice last year, the court’s conservatives set aside decisions from judges in San Francisco who said President Trump’s Homeland Security secretary had overstepped her authority.

Those cases involved the temporary protection status extended to about 600,000 Venezuelans.

But those decisions did not set clear precedents, and in recent weeks, judges in New York and Washington, D.C., blocked the administration’s plan to end the special protections for Haitians and Syrians.

Frustrated by what he labeled “indefensible” decisions, Trump’s Solicitor Gen. D. John Sauer advised the court to hear arguments and issue a written ruling on the issue.

The justices on Monday agreed to just that. Arguments will be heard in April, and a decision will be handed down by July.

Immigrant-rights advocates argued the repeal of the special protection would be cruel and unjust to migrants who have established lives and careers in this country.

In 1990, Congress authorized giving temporary shelter to non-citizens from countries experiencing armed conflict, natural disaster or “extraordinary and temporary conditions” that prevent them from returning there.

In 2012, the Homeland Security secretary extended this protection to Syrians in response to a “brutal crackdown” engineered by its then-President Bashar al-Assad.

Last year, citing Assad’s fall from power, Trump’s Secretary Kristi Noem proposed to cancel the temporary protection for Syrians. Lawyers for the Syrians questioned how this could be seen as an emergency requiring an immediate ruling.

They said about 6,100 Syrians who have lived here lawfully for years.

They are “highly sought-after doctors and medical professionals, reporters, students, teachers, business owners, caretakers, and others who have been repeatedly vetted and by definition have virtually no criminal history. The government apparently needs urgent authority to send them to a country in the middle of an active war,” the lawyers said.

In 2010, the Obama administration extended the protection to Haiti after an earthquake caused death and damage in Port-au-Prince, the capital.

Judges in New York and Washington blocked those repeals and said the high court had given “no explanation” for its decision upholding the repeal for Venezuelans.

Those judges said the Supreme Court’s earlier orders orders “involved a TPS designation of a different country, with different factual circumstances, and different grounds for resolution by the district court.”

Sauer pointed to a provision in the 1990 law that says judges have no authority to second-guess the government’s decision to end it.

“There is no judicial review of any determination of the [Secretary] with respect to the designation, or termination or extension of a designation, of a foreign state under this subsection,” the law says.

In the three weeks since Trump’s attorney filed his emergency appeal, there have been two significant changes since then.

Trump fired Homeland Security Secretary Kristi Noem. And his war launched against Iran threatens countries throughout the Mideast, including Syria.

In agreeing to hear the pair of cases, the justices did not disturb the lower court rulings that blocked the repeals for now.

WASHINGTON — Senate Republicans blocked a war powers resolution Wednesday designed to withdraw U.S. forces from hostilities in Iran, as the Trump administration accelerates its military campaign in a conflict that has killed hundreds, including at least six American service members.

The motion failed in a vote of 47-53.

In addition to pulling out military resources from the Middle East, the measure — introduced by Sens. Chuck Schumer (D-N.Y.), Adam Schiff (D-Calif.) and Tim Kaine (D-Va.) — would have required Congress’ explicit approval before future engagement with Iran, a power granted to the legislative branch in the Constitution.

The House, where Republicans also hold an advantage, is scheduled to weigh in on a similar measure Thursday. Even if both Democratic-led measures were to succeed, President Trump was widely expected to veto the legislation.

“We are doing very well on the war front, to put it mildly,” President Trump said at a White House event on Wednesday afternoon. The president, who has come under scrutiny for offering shifting explanations on the war’s endgame, said that if he was asked to scale the American military operation from one to 10, he would rate it a 15.

Democrats dispute that Trump possesses the authority to wage the ongoing operation in Iran without explicit congressional approval.

Acknowledging the measure was unlikely to succeed, they framed the vote as a strategy to force lawmakers to put their support for or opposition to the war on record.

“Today every senator — every single one — will pick a side,” Schumer said. “Do you stand with the American people who are exhausted with forever wars in the Middle East, or stand with Donald Trump and Pete Hegseth as they bumble us headfirst into another war?”

Senate Majority Leader John Thune (R-S.D.) and most of his Republican colleagues have maintained that the president carried out a “pre-emptive” and “defensive” strike in Iran, giving him full authority to continue unilateral military operations.

Republicans saw the vote as the “last roadblock” stopping Trump from carrying out his mission against the Islamic Republic.

“I think the president has the authority that he needs to conduct the activities and operations that are currently underway there. There are a lot of controversy and questions around the war powers act, but I think the president is acting in the best interest of the nation and our national security interests,” Thune said at a news conference.

Senators largely held to party loyalties, with the exception of Kentucky Republican Rand Paul, who broke ranks to support the measure, and Pennsylvania Democrat John Fetterman, who opposed it.

The vote comes as Defense Secretary Pete Hegseth said Wednesday that the war against Iran is “accelerating,” with American and Israeli forces expanding air operations into Iranian territory. He pointed to evidence released by U.S. Central Command of a submarine strike on an Iranian warship, and also lauded other strikes throughout the region as civilian casualties in Iran surpassed 1,000 on the fourth day of the conflict, according to rights groups.

“We’re going to continue to do well,” Trump said Wednesday. “We have the greatest military in the world by far and that was a tremendous threat to us for many years. Forty-seven years they’ve been killing our people and killing people all over the world, and we have great support.”

Republicans blocked a similar war powers vote in January after the president ordered U.S. special forces to capture and extradite Venezuelan President Nicolás Maduro in Caracas on drug trafficking charges.

GOP leaders argued that the outcome of that mission equated to a quick success in the Middle East, despite an uncertain timeline from the Department of Defense.

In the House, lawmakers will vote on a separate war powers effort Thursday. That bill is led by Rep. Ro Khanna (D-Calif.) and Rep. Thomas Massie (R-Ky.), the two lawmakers who authored the Epstein Files Transparency Act.

“Instead of sending billions overseas, we need to invest in jobs, healthcare, and education here,” Khanna said on X.

In addition to that proposal, moderate Democrats in the House have introduced a separate resolution that would give the administration a 30-day window to justify continued hostilities in the Middle East before requiring a formal declaration of war or authorization from Congress.

Former US defense official Michael Mulroy breaks down the US justification for striking Iran, while some US officials say there were no immediate threats.

Feb. 25 (UPI) — The Supreme Court‘s ruling to limit President Donald Trump‘s use of emergency powers to impose tariffs is forcing the administration to look to different statutory authorities to carry out its trade policy.

On Friday, the Supreme Court ruled that the president could not use the International Emergency Economic Powers Act to generate revenue through tariffs. While this caused Trump to seek another avenue to impose tariffs, landing on a global 15% rate through Section 122 of the Trade Act of 1974, his plans to use tariffs to negotiate trade deals have not changed.

The decision impacts a great deal of the tariffs Trump has enacted during his second term, Purba Mukerji, professor of economics at Connecticut College, told UPI. She said he has been using the IEEPA to give himself “flexibility” in trade negotiations since returning to the White House.

Trump expressed disappointment in the high court’s decision on Friday but Mukerji said it was expected by economists and is unlikely to disrupt the president’s broader economic policy. Tariffs on steel and aluminum, as well as those that target certain sectors, are likely to remain in place.

U.S. markets have not strongly reacted to the Supreme Court ruling in either direction. The Dow Jones Industrial Average fell by less than a point on Monday, only to rebound on Tuesday. The S&P 500 followed a similar path.

The yield on 10-year U.S. Treasury notes has reflected some uncertainty, though concerns about AI displacing workers, global tensions and broader trade concerns may be factors as well.

“For the business leaders who make decisions, for importers and exporters and foreign countries that are dealing with us in their trade negotiations, this is not a surprise,” Mukerji said. “So I don’t think there will be any long-lasting consequences of this particular Supreme Court ruling, except to put the whole trade negotiations and trade policy on much firmer footing.”

Consumers hoping to see prices come down are unlikely to see significant changes from the ruling either, Mukerji added.

“As far as consumer prices go, I am encouraged by the fact that we didn’t see the rise in consumer prices that was expected in all sectors coming out of tariffs,” she said. “I don’t expect that to be coming down in the future. I don’t think much will change on the ground.”

A study by the Federal Reserve Bank of New York published earlier this month reports that 94% of Trump’s tariffs imposed last year were paid by U.S. entities and consumers during the first eight months of 2025.

U.S. Customs and Border Protection reported in December that it had collected $200 billion in tariff revenue. The largest portion of tariffs collected was on imports from China, a report by the Federal Reserve Bank of Richmond said. The report is based on data from the U.S. Treasury Department and Census Bureau.

We Pay The Tariffs, a coalition of more than 800 small businesses, is circulating a petition to call for the federal government to refund businesses due to the tariffs being ruled unlawful.

“A legal victory is meaningless without actual relief for the businesses that paid these tariffs,” Dan Anthony, executive director of the organization, said in a statement. “The administration’s only responsible course of action now is to establish a fast, efficient and automatic refund process that returns tariff money to the businesses that paid it.”

It remains unclear what will happen to the revenue the court ruled has been unlawfully collected. The Supreme Court did not address refunds for tariffs paid.

Mukerji said reimbursing collected tariffs poses some practical challenges. She explained that while the United States maintains a database of who has paid what tariffs, it often shows a delivery company, like FedEx, as the entity that made the payment, not the importer who in reality incurred the costs.

“So you kind of have to reimburse FedEx, who then turns around and reimburses the importer,” she said. “That is a mess because then we depend on the account keeping, say by FedEx, so it becomes more complicated there.”

There is also a matter of fairness as some wholesalers pass the costs of tariffs on to retailers, who then pass them on to consumers, Mukerji said.

Following the court’s decision, U.S. Treasury Secretary Scott Bessent said the Trump administration will look to Section 122, as well as Section 301 of the Trade Act and Section 232 of the Trade Expansion Act of 1962 tariff authorities to pursue “virtually unchanged tariff revenue” this year.

These statutes notably do not require congressional approval to impose tariffs like the Supreme Court affirmed the IEEPA did.

Section 122 gives the president the authority to impose a maximum 15% tariff for up to 150 days. Tariffs imposed under this authority would remain in effect into July at the latest.

Section 301 of the Trade Act gives the president the authority to impose tariffs in response to unfair trade practices, theft of intellectual property and discriminatory policies by trade partners. An investigation by the Office of the U.S. Trade Representative must be completed to determine if there is a violation and allow for the use of Section 301 authority.

Trump’s broad tariffs on China were issued in 2018 under the authority of Section 301.

Section 232 of the Trade Expansion Act allows the president to impose tariffs and other trade restrictions on imports if they are determined to threaten national security. This must be preceded by an investigation by the Commerce Department into the potential of a threat.

Trump used Section 232 to place tariffs on steel and aluminum during his first term.

While President Joe Biden peeled back on many of Trump’s policies when he came into office, he kept some trade policies like these largely intact and reinforced them through investigations.

For Section 301 tariffs, Biden allowed the required four-year review to continue throughout his term, ultimately raising tariffs on electric vehicles from China as well as some semiconductors, critical minerals and other sectors.

For Section 232 tariffs, Biden kept Trump’s tariff framework largely in place and continued to use the national security justification to keep tariffs as a point of negotiations.

“Biden actually made them stronger,” Mukerji said. “Most of them continued under Biden and they were extended and made even stronger. So these trade policies now have the strength of a solid foundation. These stand on the shoulders of investigations so they have this lasting power.”

The Supreme Court’s decision has caused some ongoing negotiations to shift or pause.

Earlier this week, a planned meeting with India’s Prime Minister Narendra Modi in Washington, D.C., was put on hold. The sides were planning to meet for three days to discuss an interim trade deal that would likely go into effect in April.

The European Union’s parliament canceled a vote to ratify a trade deal with the United States on Monday in response to the Supreme Court decision and Trump’s subsequent new tariffs.

“A deal is a deal,” the European Commission said in a statement on Saturday. “As the United States’ largest trading partner, the EU expects the U.S. to honor its commitments set out in the Joint Statement — just as the EU stands by its commitments.”

With the Supreme Court’s decision, the Trump administration and future administrations definitively have one less tool to use when imposing tariffs. The ruling does not mark an end to Trump’s tariff plans. It only clarifies his authority to impose tariffs. Meanwhile, the president is left to negotiate trade deals under greater scrutiny.

WASHINGTON — For a few hours on Friday, congressional Republicans seemed to get some relief from one of the largest points of friction they have had with the Trump administration. It didn’t last.

The Supreme Court struck down a significant portion of President Trump’s global tariff regime, ruling that the power to impose taxes lies with Congress. Many Republicans greeted the Friday morning decision with measured statements, some even praising it, and GOP leaders said they would work with Trump on tariffs going forward.

But by the afternoon, the president made clear he had no intention of working with Congress and would continue to go it alone by imposing a new global import tax. He set the new tax at 10% in an executive order, announcing Saturday he planned to hike it to 15%.

Trump is enacting the new tariff under a law that restricts the import taxes to 150 days and has never been invoked this way before. Though that decision is likely to have major implications for the global economy, it might also ensure that Republicans will have to keep answering for Trump’s tariffs for months to come, especially as the midterm elections near. Opinion polls have shown most Americans oppose Trump’s tariff policy.

“I have the right to do tariffs, and I’ve always had the right to do tariffs,” Trump said at a news conference Friday, contending that he doesn’t need Congress’ approval.

Tariffs have been one of the only areas where the Republican-controlled Congress has broken with Trump. Both the House and Senate at various points had passed resolutions intended to rein in the tariffs imposed on key trade partners such as Canada. It’s also one of the few issues about which Republican lawmakers, who came of age in a party that largely championed free trade, have voiced criticism of Trump’s economic policies.

“The empty merits of sweeping trade wars with America’s friends were evident long before today’s decision,” Sen. Mitch McConnell (R-Ky.), the former longtime Senate Republican leader, said in a statement Friday, noting that tariffs raise the prices of homes and disrupt other industries important to his home state.

Democrats’ approach

Democrats, looking to win back control of Congress, intend to make McConnell’s point their own. At a news conference Friday, Senate Democratic leader Chuck Schumer said Trump’s new tariffs “will still raise people’s costs and they will hurt the American people as much as his old tariffs did.”

Schumer challenged Republicans to stop Trump from imposing the new global tariff. Democrats on Friday also called for refunds to be sent to U.S. consumers for the tariffs struck down by the Supreme Court.

“The American people paid for these tariffs and the American people should get their money back,” Sen. Elizabeth Warren (D-Mass.) said on social media.

The remarks underscored one of the Democrats’ central messages for the midterm campaign: that Trump has failed to make the cost of living more affordable and has inflamed prices with tariffs.

Small and midsize U.S. businesses have had to absorb the import taxes by passing them along to customers in the form of higher prices, employing fewer workers or accepting lower profits, according to an analysis by the JPMorganChase Institute.

Will Congress act?

The Supreme Court decision Friday made it clear that a majority of justices believe that Congress alone is granted authority under the Constitution to levy tariffs. Yet Trump quickly signed an executive order citing the Trade Act of 1974, which grants the president the power to impose temporary import taxes when there are “large and serious United States balance-of-payments deficits” or other international payment problems.

The law limits the tax to 150 days without congressional approval to extend it. The authority has never been used and therefore never tested in court.

Republicans at times have warned Trump about the potential economic fallout of his tariff plans. Yet before his “Liberation Day” of global tariffs last April, GOP congressional leaders declined to directly defy the president.

Some GOP lawmakers cheered on the new tariff policy, highlighting a generational divide among Republicans, with a mostly younger group fiercely backing Trump’s strategy. Rather than heed traditional free trade doctrine, they argue for “America First” protectionism, which they argue will revive U.S. manufacturing.

Republican Sen. Bernie Moreno, an Ohio freshman, slammed the Supreme Court’s ruling on Friday and called for GOP lawmakers to “codify the tariffs that had made our country the hottest country on Earth!”

A few Republican opponents of the tariffs, meanwhile, openly cheered the Supreme Court’s decision. Rep. Don Bacon (R-Neb.), a critic of the administration who is not seeking reelection, said on social media that “Congress must stand on its own two feet, take tough votes and defend its authorities.”

Bacon predicted there would be more Republican resistance coming. He and a few other GOP members were instrumental this month in forcing a House vote on Trump’s tariffs on Canada. As that measure passed, Trump vowed political retribution for any Republican who voted to oppose his tariff plans.

Groves writes for the Associated Press. AP writers Matt Brown, Joey Cappelletti and Lisa Mascaro contributed to this report.