When the Supreme Court made the February 20th ruling this year stating that the IEEPA tariffs were unconstitutional, every importer that had made payment for these duties between February 2025 to February 2026 assumed that the refund would be straightforward and hassle-free – the government would simply refund the money with interest, and we would all go on about our businesses. However, when it comes to the government, nothing is ever simple nor final, and a recent development proves exactly that. The Department of Justice recently fronted a legal argument that challenges Judge Eaton’s March 4th refund order, stating that it constitutes an impermissible universal injunction under the Supreme Court’s recent decision in Trump v. CASA, 606 U.S. 831 (2025). It is important to note here that this isn’t just some run-of-the mill filing, but it is potentially one of the government’s single most devastating weapons that if it prevails would lead to them keeping $30 billion in refunds that should reach the importers who unlawfully paid them, and that the only importers who would get some kind of protection are those that have already filed individual Court of International Trade actions.
Are you looking for a best IEEPA tariffs refunds attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation as they relate to IEEPA refunds and the process. McCready Law is proud to announce that we have joined forces with Frost Law Arizona to help corporations and businesses that were unlawfully levied duties against during the February 2025 to February 2026 period, and thanks to the Supreme Court ruling, the government was ordered to pay back all these duties to over 300,000 affected businesses across the country. Our strategic partnership means we are able to assess your claim, consolidate your entries via an in-depth forensic audit to discover just how much the government owes you, file protective orders on your behalf, and even litigate your claim in front of the Court of International Trade should the government become recalcitrant about processing your IEEPA refunds. We offer the forensic audit at NO CHARGE as well as a 100% FREE initial consultation phone-call, and we work efficiently and ensure all your valid entries are presented as a complete dossier to CBP and relevant authorities, leaving you to focus on more pressing business matters. Need assistance with IEEPA refund rejections or processing? Call us NOW at (314) 481-63338 to speak with an experienced attorney and tax experts at no cost to you.
Universal Injunction – What the Government is Arguing in the IEEPA Refunds Saga
Let’s take a look at the crux of the government’s arguments:
- The DOJ points to the Federal Circuit’s 2024 decision in V.O.S Selections v. United States where the appellate court vacated a CIT order attempting to extend relief to non-litigants stating that the CIT’s residual jurisdiction under 28 U.S.C § 1581(i) doesn’t give the court permission to grant relief to parties that haven’t taken the procedural steps needed to become parties to the litigation. Essentially, the government is saying that this case establishes precedence and the Federal Circuit cannot turn around now and offer relief to those that have not filed orders, as the previous ruling excluded those that did not.
- The DOJ also asserts that allowing the CIT’s order to stand would simply motivate importers to sit on their rights and wait for the government to administratively process refunds, an affront to 19 U.S.C. § 1514 which calls for timely filing of protests.
- The DOJ also states that should the Federal Circuit affirm the CIT order, it would seek certiorari to the Supreme Court and present an argument to the effect of the case presents an issue of exceptional importance when it comes to the scope of the CIT’s jurisdiction as well as the limitations of universal injunctions. What this means that even if the government loses at the Federal Circuit, expect litigation to continue for anywhere from a year to 18 months, whereby your refund remains in the Treasury, earning interest that you may never see if the government ultimately emerges victorious.
Best IEEPA Refunds Attorneys – Call Us Today!
While other law firms are waiting in limbo to see the results of this new litigation, McCready Law in conjunction with Frost Law Arizona are not waiting around – we are already filing protective actions at the CIT for clients that have finally liquidated entries. We do this because we understand that the safest litigation position is one where your rights as a corporation are preserved before further appellate court weighs in. If you paid IEEPA tariffs and are looking to lock in your refund, please give us a call NOW at (314) 481-63338 to learn more about how we can help consolidate your entries regardless of where you are in the country. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing McCready Law, and we look forward to helping you.