The Honorable Tim Kaine
United States Senate
Washington, DC 20510
Dear Senator Kaine,
The International Emergency Economic Power Acts (IIEPA) provides critical tools for the President to respond to “unusual and extraordinary threat[s]” originating from outside of the United States.[1] While broad, the tools made available by declaration of a national emergency are not unlimited. For example, IEEPA neither mentions nor authorizes the application of tariffs, and in general the authorities under IEEPA “may only be exercised to deal with an unusual and extraordinary threat…and may not be exercised for any other purpose.”[2]
On February 1, 2025, President Trump issued Executive Order 14193 declaring a national emergency under the National Emergencies Act and IEEPA related to the flow of illicit drugs across the Northern border and imposing broad based tariffs on products imported from Canada into the United States.
The Trump administration has taken important, and overdue action to secure our nation’s borders. In addition, there are critical steps the administration and Congress have taken and more steps that can be taken to halt the scourge of fentanyl. However, the broad-based tariffs imposed by Executive Order 14193 on all Canadian exports are not reasonably related to the flow of illicit drugs. And the national emergency declaration cannot be used to imposed policies unconnected to the specified threat and not authorized by statute.
Further, the tariffs being imposed on imports from Canada and Mexico, America’s two top trading partners, are inflicting real harm on American workers, companies, and farmers. Tariffs are taxes – paid by Americans – and they will quickly increase prices at a time when many are struggling with the cost of living. These import taxes are also harming U.S. manufacturers and drawing retaliatory duties, worsening their impact on our economy. Finally, these tariffs are at odds with commitments the United States made in the landmark United States-Mexico-Canada Agreement (USMCA), which was negotiated by the first Trump administration and enacted into law with the support of nine-tenths of all members of the House and Senate.
Given these facts, it is appropriate for Congress to exercise its authority under IEEPA and pass S.J. Res. 37, which would terminate the national emergency and the imposition of tariffs under Executive Order 14193.
[1] See 50 U.S.C. 1701(a)
[2] See 50 U.S.C. 1701(b)
