WASHINGTON — The U.S. Senate voted Monday evening to confirm Markwayne Mullin to lead the Department of Homeland Security, which is responsible for carrying out President Donald Trump’s mass deportation agenda. 

The 54-45 vote means that Mullin, a Republican senator from Oklahoma, will take over the department in the midst of a five-week shutdown. He will replace outgoing Secretary Kristi Noem, whom the president reassigned to another role in the administration.

Mullin voted for himself. Democratic Sens. John Fetterman of Pennsylvania and Martin Heinrich of New Mexico were the only Democrats to back Mullin’s confirmation.

Just before the Senate adjourned, Mullin submitted his resignation letter.

The department has been shut down since mid-February while Democrats have called for restraints on federal immigration agents after officers killed two U.S. citizens in Minneapolis. On Jan. 7, Renee Good was shot and killed by an Immigration and Customs Enforcement agent and on Jan. 24, Alex Pretti was pinned down and killed by Customs and Border Protection officers.

Senate Majority Leader John Thune, Republican of South Dakota, said on the Senate floor before the vote Monday that Mullin will be entering DHS at a difficult time. 

“It’s a tough assignment, made all the more challenging right now by Democrats having shut DHS down for five weeks,” Thune said. “We all know that Markwayne isn’t afraid of a challenge.”

Speaking to reporters early Monday, Trump said that Mullin is “gonna be fantastic” as DHS secretary. 

As an enrolled member of the Cherokee Nation, Mullin will be the first Indigenous DHS secretary. 

Shutdown effects

Though DHS is shuttered, ICE and CBP are still fully funded because the Republican-led Congress last year passed a separate funding stream of $175 billion for immigration enforcement. 

Trump over the weekend directed his administration to place ICE agents in several airports in an attempt to aid Transportation Security Administration agents, who are working without pay. ICE and TSA are both agencies within DHS.

Mullin does not have any experience on a committee that handles policy for Homeland Security and will be tasked with leading a department of 260,000 employees.

Some senators have raised concerns about Mullin’s temperament, citing a 2023 incident in which he physically challenged a witness before Congress. Mullin also expressed sympathy toward a man who attacked Sen. Rand Paul, breaking six of the Kentucky Republican’s ribs and damaging a lung. 

Paul, who chairs the Senate Homeland Security and Governmental Affairs Committee, voted against advancing Mullin’s nomination to the Senate floor. Paul also voted against Mullin’s confirmation Monday night. 

The Senate advanced Mullin’s nomination in a 54-37 procedural vote Sunday. Two Democrats, Pennsylvania’s John Fetterman and New Mexico’s Martin Heinrich, joined all Republicans who voted Sunday. Paul did not vote on Sunday. 

WASHINGTON — Arizona coffee roaster Gabe Hagen is wondering if he’ll ever recoup the tens of thousands of dollars he paid in tariffs to import beans from the world’s major coffee-growing regions in South America, Africa and the Indo-Pacific.

Weeks after the U.S. Supreme Court struck down President Donald Trump’s emergency tariffs as illegal, Hagen is among an army of small business owners who are unsure if they’ll be made whole after a year of increasing costs and uncertainty.

“I’m in the process right now trying to consolidate all of my invoices … because I need the money back — if they’re going to give it back,” Hagen told States Newsroom in an interview.

“A pallet of coffee would cost us 5 to 6 to $7,000 if we had a bag or two of really high-grade in there. Post tariffs, our cheapest pallet was around $8,000, and it went anywhere from 8 to $10,000 or $11,000 per pallet of coffee,” he said. 

How the government will refund the roughly $166 billion in tariffs Trump triggered under a 1970s emergency economic powers statute is slowly coming to light in court documents. 

Nearly 2,000 companies filed suit for tariff refunds in the U.S. Court of International Trade, with many lining up even before the highly anticipated 6-3 Supreme Court decision.

U.S. Customs and Border Protection’s four-step refund process for businesses is anywhere from 40% to 80% complete, depending on the step, according to a court-mandated update filed March 12 with the Court of International Trade. 

Justices leave it to the lower courts

The justices, not giving guidance on refunds, left the matter to the lower courts in their Feb. 20 ruling that invalidated the sweeping tariffs Trump unilaterally imposed under the 1977 International Emergency Economic Powers Act, or IEEPA. 

The president declared various emergencies under the statute during his first year in office. 

From fentanyl smuggling, to trade imbalances, to political disputes, he used each declared crisis to impose steep taxes on imports. 

Shifting sometimes day to day, tariffs reached as high as 50% on Brazilian and Indian goods after Trump declared emergencies over the prosecution of a political ally and over the use of Russian oil, respectively.

U.S. importers saw tariffs spike as high as 145% on Chinese goods during a tit-for-tat trade war sparked by Trump’s declaration of a trade imbalance emergency. The duties largely settled at a roughly 50% effective rate on several products after the trade war and negotiations with the world’s second-largest economy. 

The Trump administration has since sought different pathways to collect tariffs, including almost immediately instituting temporary import taxes under a different 1970s trade statute. 

The Office of the U.S. Trade Representative has also commenced widespread investigations into dozens of the largest U.S. trading partners that could trigger new tariffs, depending on findings.

‘Survived, but barely’

The rollercoaster ride was enough to almost bring down Busy Baby, a Minnesota-based baby product company that manufactures several patented designs in China.

Busy Baby owner Beth Benike, who shared her experience with States Newsroom in February, is now suing U.S. Customs and Border Protection Commissioner Rodney Scott and U.S. Treasury Secretary Scott Bessent to recoup money lost.

Matthew Platkin, former New Jersey attorney general and Benike’s lawyer, said Benike’s business “survived, but barely.” 

“She had to keep merchandise overseas because she couldn’t afford to pay to bring them here. And when she didn’t get product, she wasn’t getting paid, she wasn’t making money,” Platkin said in an interview with States Newsroom.  

“She had opportunities lined up for expansion. She was going to hire new folks. That didn’t happen, and that was because of one thing: the president’s illegal tariffs,” he said.

Benike’s complaint does not specify a dollar amount, but Platkin said, “It’s substantial, especially for a business of her size.”

“We’re still going through and assessing the full impact of the tariffs on her, but rest assured, even for a small business, it’s tens of thousands of dollars at a minimum,” Platkin said.

“The federal government should just refund these folks their money with interest, period. Like, this shouldn’t even require litigation. They were caught taking illegal tariffs from millions of businesses,” he said.

$166 billion collected

Federal Judge Richard Eaton, who sits on the bench for the Court of International Trade, ordered administration customs officials in early March to stop collecting the tariffs deemed illegal under IEEPA, and to recalculate any past duties that included them.

Eaton granted the March 5 order in the tariff refund lawsuit brought by Atmus Filtration, a Nashville, Tennessee-based company. 

The judge, however, outlined that orders in the Court of International Trade are “universal” for all tariff refunds owed — meaning the trade cases are not subject to the Supreme Court’s 2025 finding in a separate immigration case that universal rulings are impermissible.

Businesses the size of Busy Baby to behemoths like Costco and FedEx have paid tariffs to the U.S. government. Many, but not all, have sued.

Customs officials, in a March 6 court filing, declared any refund process would take at least 45 days to be functional. According to the filing, as of early March the agency had collected approximately $166 billion in IEEPA tariffs from 330,000 American importers.

Alfredo Carrillo Obregon, research associate for trade policy at the libertarian Cato Institute, said as the clock ticks on tariff refunds, interest is accruing.

“The refunds are not necessarily coming soon and that has big implications, obviously, for taxpayers, but I think most importantly for the companies that are relying on this money to literally keep their doors open,” Obregon said.

He and colleagues calculated the government’s interest payments on the refunds owed totals about $700 million more with each passing month.

Barton O’Brien, who told States Newsroom last month his dog apparel company ate the tariff costs rather than raise prices, said he’s “certainly not counting on a refund anytime soon” as the administration “seems pretty dead set” on not giving them.

“I expect they will drag out the process in the courts for as long as they can,” he said in a written response to States Newsroom on March 9. “If we get one, great… It’s a bonus. But still won’t cover the hole left by the tariffs.” 

“Also, as a small business we’re not in a position to fight the administration, so I’m happy to sit back and let … other Fortune 500 companies with an army of lawyers fight this one out on our behalf.  If they win, we’ll all get refunds,” said O’Brien, who works with manufacturers in China and India.

‘Do the right thing’

Shawn Phetteplace, national campaigns director for the advocacy group Main Street Alliance, said his organization will continue to apply legal and public pressure to ensure small businesses recoup the money.

“I would just say that the administration should do the right thing and return the money, and they also should stop trying to find cute, creative ways to institute new tariffs that are also going to be illegal and struck down,” he said.

Two dozen Democratic-led states have already sued the administration in the Court of International Trade over the new tariffs Trump announced immediately after his Supreme Court loss. 

The lawsuit, led by Oregon, also includes Arizona, Colorado, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Pennsylvania, Rhode Island, Virginia, Washington and Wisconsin.

Small businesses and Democratic-led states were instrumental in the Supreme Court’s February decision striking down Trump’s IEEPA tariffs.

States Newsroom reached out to the Trump administration for comment but did not receive a reply.

WASHINGTON — The head of U.S. Immigration and Customs Enforcement declined during a U.S. House hearing Tuesday to apologize to the families of Alex Pretti and Renee Good, the victims of fatal shootings by immigration officers in Minneapolis last month.

Top Trump administration officials, including Homeland Security Secretary Kristi Noem, had said both Minneapolis residents engaged in “domestic terrorism.” Good was a poet and mother of three and Pretti was an intensive care unit nurse. 

ICE acting Director Todd Lyons demurred when asked by California Democrat Eric Swalwell if he would apologize for that characterization. 

“I’m not going to speak to any ongoing investigation,” Lyons said.

Lawmakers on the U.S. House Homeland Security Committee grilled Lyons, Customs and Border Protection Commissioner Rodney Scott and U.S. Citizenship and Immigration Services Director Joseph Edlow during Tuesday’s hearing, following the fatal shootings of Good on Jan. 7 and Pretti on Jan. 24. The deportation campaign in Minneapolis began more than two months ago.

Following the shootings, Democrats have pushed for policy changes to the appropriations bill that funds the agency for fiscal year 2026, scrambling a bipartisan agreement on the measure. 

If lawmakers don’t reach a deal by Friday, funding for much of DHS will run out. Funding for immigration enforcement will remain due to provisions in Republicans’ tax cuts and spending law last year.

Scott called the thousands of protestors and legal observers in Minnesota “paid agitators.” There is no evidence of that. 

Noem, who Democrats are pushing to impeach, was not at the hearing. 

The chair of the committee, Rep. Andrew Garbarino of New York, acknowledged that the country was at an “inflection point” and called the deaths of Good and Pretti “unacceptable and preventable.”

But he otherwise largely defended federal immigration officials and the Trump administration’s enforcement tactics. 

The top Democrat on the committee, Bennie Thompson of Mississippi, said the Trump administration was weaponizing DHS against Americans. 

Body cameras, masks and roving patrols

Democrats questioned Scott and Lyons on a handful of policy proposals that Democrats are pushing for in the DHS appropriations bill.

The Democrats’ proposals include mandating body cameras for immigration agents and requiring those officers to identify themselves and not wear masks.

Thompson asked Lyons how many body cameras ICE officers have. Noem earlier this month announced DHS would be sending body cameras to all ICE officers across the country. 

Lyons said about 3,000 ICE officers currently have body cameras with another 6,000 cameras on the way.

Scott said that about 10,000 Border Patrol agents have body cameras out of 20,000 agents. 

Democratic Rep. Tim Kennedy of New York asked Lyons if he would commit to instructing ICE agents to stop wearing face coverings and masks in enforcement actions. 

“No,” Lyons said. 

Kennedy then asked Lyons if he believed Noem should resign, given the deadly shootings of Good and Pretti. 

“I’m not going to comment on that,” Lyons said. 

GOP Rep. Michael McCaul, a former chair of the committee who is retiring next year, said some of the roving patrols should be kept at the southern border, rather than in residential areas. 

“I’ve called for de-escalation after the two deaths, the two shootings that took place,” McCaul said. “I believe that these roving patrols should be done at the border rather than in the major cities of the United States.”

Democrats are also calling for an end to those roving patrols in enforcement in the interior of the U.S.  

McCaul added that federal immigration agents “are not trained to effectuate crowd control.”

“They are trained to move in surgically, go in and remove these dangerous, violent criminals from the United States of America,” he said.

Judgment day, Klan invoked 

The hearing had a few heated exchanges between Democrats and the administration officials.

New Jersey Democratic Rep. LaMonica McIver, who is facing federal charges after a clash with immigration officers at a detention facility in Newark where she tried to conduct an unannounced oversight visit, asked Lyons if he considered himself a religious person. 

Lyons said he did and McIver asked him how he thought “judgment day would work for you with so much blood on your hands.”

“I’m not going to entertain the question,” Lyons said.

She asked Lyons if he thought he was “going to hell.”

Garbarino quickly shut down her line of questioning. 

Democratic Rep. Delia Ramirez of Illinois criticized the officials before her, and called for ICE to be abolished.

“I have as much respect for you as I do for the last white men who put on masks to terrorize communities of color. I have no respect for the inheritors of the Klanhood and the slave patrol,” she said. “Those activities were criminal and so are yours.”