Friday, May 31, 2019

The President’s Proposed Tariffs on Mexico are Unlawful

Gerard N. Magliocca

Yesterday the President announced that he will impose tariffs on Mexico unless that nation takes steps to address illegal immigration into the United States. The proposed tariffs will increase over time if Mexico fails to act. (Of course, this could be another of the President’s empty threats.)

The President cites the International Emergency Economic Powers Act as authority for this action. If you read the Act, however, there is no mention of any authority to impose tariffs. (You can find the statute at 35 U.S.C Sections 1701-1702.) Thus, if the tariffs are imposed in June 10th as planned, then someone adversely affected (farmers or businesses, for example) should seek injunctive relief.

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