federal judge

NEW YORK — American businesses big and small have started receiving tariff refunds after the U.S. Supreme Court ruled that President Trump lacked the constitutional authority to impose higher import taxes on goods from nearly every other country.

The process could grind to a halt, however, after the Trump administration said Friday that it intended to appeal a federal judge’s order to allow all companies that paid the illegal import taxes to seek refunds, not just the ones that filed lawsuits.

Until the Department of Justice informed the judge of its planned appeal, the refund system overseen by U.S. Customs and Border Protection had been working fairly smoothly. Refunds reached the bank accounts of the first successful applicants on May 12, about three weeks after American importers and their customs brokers could start submitting claims through an online system, according to CBP.

Applications for refunds totaling $85 billion — more than half of the $166 billion the agency estimated the government owes to companies that paid the illegal tariffs on imported goods — were accepted for processing as of May 22, CBP reported in a legal filing earlier in the week. It said it had so far directed the Treasury Department to issue $20.6 billion in refunds.

The administration revealed its appeal preparations while objecting to a demand by Judge Richard K. Eaton for CBP Commissioner Rodney Scott to appear in the U.S. Court of International Trade to answer questions about how long it would take to repay all 330,000 importers that might be eligible for refunds. The judge has scheduled a June 9 hearing on why he shouldn’t require the government do whatever it takes to speed up the process.

Justice Department lawyers asked Eaton to allow one or two of Scott’s deputies to appear in his place, arguing that as a high-ranking presidential appointee, the CBP chief could not be compelled to testify in court. They also argued that Eaton exceeded his own authority when he determined in March that the Supreme Court’s ruling entitled “all importers of record’’ to refunds.

“For that reason, defendants intend to appeal the court’s universal injunction,” the lawyers wrote, adding that CBP would continue to move “as quickly as it can to process refunds in a phased approach” for businesses that filed some 485 pending trade court complaints to assert their rights to refunds.

In a terse reply Friday, Eaton said he needed to hear directly from Scott whether the government would return all of the money it collected between when Trump imposed what he called “reciprocal” tariffs on goods from most countries in April 2025 and when the Supreme Court struck them down in late February.

“This case involves $166 billion,” the judge wrote. “It is undisputed that the remedy for this unlawful collection is for the United States government to refund the unlawfully collected duties.”

Some national retail chains said they planned to use their tariff refunds to lower customer prices on some items. Walmart Chief Financial Officer John David Rainey told analysts last week that the company would implement price cuts even though the maximum refund it might be eligible for represented less than half of 1% of Walmart’s $483 billion in annual U.S. sales.

Some smaller companies told the Associated Press that the partial refunds they’ve received so far would go toward paying remaining or future tariffs, reducing debt or just keeping the lights on after more than a year of uncertainty and additional import costs.

Jay Foreman, chief executive of toy company Basic Fun, said he received about $450,000, or 7% of his total claim, over two consecutive days this month. He took the initial repayment as a positive sign but said that after having less than $10,000 refunded since then, the process seemed like a “total slow roll.”

“It’s time to release the funds back into the economy, especially given how much we and others need these funds to support our businesses and fund our operations,” Foreman said.

Anderson writes for the Associated Press.

WASHINGTON — President Trump railed against a federal judge’s decision on Thursday that continues to block above-ground construction of a $400-million White House ballroom, allowing only below-ground work on a bunker and other “national security facilities” at the site.

U.S. District Judge Richard Leon’s latest ruling comes in response to an appeals court’s instruction to clarify an earlier decision on the 90,000-square-foot ballroom planned for the site where the East Wing of the White House once stood.

Trump on social media called Leon, who was nominated to the bench by Republican President George W. Bush, a “Trump Hating” judge who “has gone out of his way to undermine National Security, and to make sure that this Great Gift to America gets delayed, or doesn’t get built.”

The administration filed a notice that it will ask the U.S. Court of Appeals for the District of Columbia Circuit to review Leon’s latest decision, too.

Carol Quillen, president and chief executive of National Trust for Historic Preservation, whose group sued to challenge the project, said in a statement that the group is pleased with the court’s ruling.

Leon said that below-ground work on security measures is exempt from his order suspending above-ground construction. Government lawyers have argued that the project includes critical security features to guard against a range of possible threats, such as drones, ballistic missiles and biohazards.

Leon’s latest ruling comes several days after a three-judge panel from the D.C. appeals court instructed him to reconsider the possible national security implications of stopping construction.

In his previous order, Leon barred above-ground work on the ballroom from proceeding without congressional approval. The judge also ruled on March 31 that any construction work that’s necessary to ensure the safety and security of the White House is exempt from the scope of the injunction. Leon said he reviewed material that the government privately submitted to him before concluding that halting construction wouldn’t jeopardize national security.

Leon had suspended his March 31 order for two weeks. He stayed his latest decision for another week, which gives the administration more time to seek Supreme Court review.

Leon said he is ordering a stop only to the above-ground construction of the planned ballroom, apart from any work needed to cover or secure that part of the project. Otherwise, the Trump administration is free to proceed with the construction of any excavations, bunkers, military installations, and medical facilities below the ballroom.

“Defendants argue that the entire ballroom construction project, from tip to tail, falls within the safety-and-security exception and therefore may proceed unabated,” the judge wrote. “That is neither a reasonable nor a correct reading of my Order!”

On Saturday, the appeals court panel said it didn’t have enough information to decide how much of the project can be suspended without jeopardizing the safety of the president, his family or the White House staff.

Leon said he recognizes the safety implications of the case, but stressed that “national security is not a blank check to proceed with otherwise unlawful activity.” He also said he has “no desire or intention to be dragooned into the role of construction manager.”

On April 2, two days after Leon’s previous ruling, Trump’s ballroom won final approval from the 12-member National Capital Planning Commission, which is charged with approving construction on federal property in the Washington region.

The preservation group sued in December, a week after the White House finished demolishing the East Wing to make way for a ballroom that Trump said would fit 999 people. Trump says the project is funded by private donations, although public money is paying for the bunker construction and security upgrades.

Kunzelman writes for the Associated Press.

ORLANDO, Fla. — Guards severely beat and pepper-sprayed detainees at a state-run immigration detention center known as “Alligator Alcatraz” in the Florida Everglades this month, according to a lawyer for two detainees.

The guards targeted Katherine Blankenship’s clients and other detainees at the facility after they complained about not having phone access on April 2, Blankenship said in a court declaration.

The phones, which weren’t functioning, are the primary way for detainees to communicate with family and their attorneys while in the detention center. The guards began taunting the detainees, who were in a cell, then became “more aggressive and were yelling and threatening to enter the cage,” Blankenship wrote.

When one detainee approached a guard, he was punched in the face. The guards then started beating other detainees in the cell. One of Blankenship’s clients was punched in the right eye, thrown to the floor and beaten by several guards. He was kicked in the head and his shoulder and arm were injured. A guard put his knee on the detainee’s neck while restraining him, according to the attorney’s declaration, which included a photo made during a video call almost a week later showing the detainee with a bruised eye.

“The officers beat several people during this incident and broke another detained individual’s wrist,” Blankenship wrote. The detainee whose wrist was broken is not one of her clients.

Phone service was restored the next day without any explanation for why it was cut off.

The Florida Department of Emergency Management didn’t respond to questions emailed Wednesday about the incident.

Blankenship’s declaration was included in a court filing accusing state and federal officials of failing to comply with a federal judge’s preliminary injunction last month ordering detention center officials to provide access to timely, free, confidential, unmonitored and unrecorded outgoing legal calls. U.S. District Judge Sheri Polster Chappell in Fort Myers, Florida also said facility officials must provide at least one operable telephone for every 25 people held in the facility.

The judge’s order came in a response to a lawsuit that claimed detainees’ First Amendment rights were being violated.

State officials have denied restricting detainees’ access to their attorneys and cited security and staffing reasons for any challenges. Federal officials who also are defendants denied that detainees’ First Amendment rights were violated. State officials last week filed a notice that they plan to appeal the judge’s order.

The Everglades facility was built last summer at a remote airstrip by Republican Gov. Ron DeSantis’ administration to support President Trump’s immigration policies. Florida also has built a second immigration detention center in north Florida.

During a visit last week to the detention center, U.S. Rep. Debbie Wasserman Schultz, a Florida Democrat, said she wasn’t given the chance to talk to detainees. She described conditions at the detention center as “inhumane.”

“The way the detainees are housed is cruel and unnecessary,” she said.

Schneider writes for the Associated Press. AP journalist Gisela Salomon in Miami contributed to this report.