Marketplace Morning Report

Trump dusts off obscure legal authority for new tariffs

6 min
Feb 23, 2026about 2 months ago
Listen to Episode
Summary

The U.S. Supreme Court struck down most Trump administration tariffs, prompting the administration to invoke an obscure Section 122 legal authority to impose a 15% global tariff for 150 days. Meanwhile, Spain's government plans to legalize roughly 500,000 undocumented migrants to address labor shortages in tourism, hospitality, and construction sectors.

Insights
  • Policy uncertainty around tariffs is creating market volatility and risk, with investors seeking safe-haven assets like gold despite expectations of economic stability
  • Section 122 represents a novel legal workaround for tariff authority that bypasses traditional congressional processes but is inherently temporary, signaling potential for further tariff escalation
  • Labor market solutions in developed economies increasingly rely on regularizing migrant workforces rather than raising wages or improving conditions in lower-wage sectors
  • Bureaucratic barriers to migrant legalization can undermine policy effectiveness, as processing delays prevent workers from immediately entering the formal labor market
Trends
Shift toward executive-branch tariff authorities that bypass Congress, creating policy instability and market uncertaintyGrowing reliance on migrant labor legalization as a solution to demographic decline and sectoral labor shortages in developed economiesSafe-haven asset demand (gold, etc.) as a hedge against U.S. policy chaos and trade uncertaintyPersistent labor shortages in hospitality, tourism, and construction despite economic growth in these sectorsPolitical polarization around immigration policy, with far-right and conservative parties opposing legalization initiativesBureaucratic inefficiency as a barrier to economic policy implementation, even when politically approved
Companies
U.S. Customs and Border Protection
Announced halt to tariff collections under Emergency Economic Powers Act effective Tuesday at 12:01 a.m. Eastern
Yale Budget Lab
Calculated effective tariff rate averaging 13.7% after Supreme Court ruling, down from 16%
People
Donald Trump
U.S. President invoking Section 122 authority to impose 15% global tariff for 150 days following Supreme Court ruling
Scott Besson
Treasury Secretary stating administration will likely impose additional tariffs under more commonly used authorities
Julia Coronado
Economist and founder of Macro Policy Perspectives discussing market uncertainty and safe-haven asset demand
Pedro Sanchez
Prime Minister of Spain proposing legalization of approximately 500,000 undocumented migrants
Mani Alam
Pakistani-British restaurant owner in Barcelona discussing hiring challenges with undocumented workers
Quotes
"I think it's highly likely that those tariffs will rise up and that the 122s could disappear after five months."
Scott Besson, Treasury SecretaryEarly in episode
"The lifting of the fog was supposed to be a tailwind for the U economy this year that we'd made some deals and the dust was settling and now we've kicked up all the dust all over again."
Julia Coronado, Macro Policy PerspectivesMid-episode
"There's no people who want to work in hospitality. This is one of the first things to solve."
Mani Alam, Restaurant OwnerSecond segment
"To make easier the process, they get papers and start working in short time. For me, it's easy."
Mani Alam, Restaurant OwnerSecond segment
Full Transcript
There is fresh uncertainty after the U.S. Supreme Court struck down the lion's share of Trump administration tariffs. I'm David Brancaccio in Los Angeles. President Trump is moving to impose a 15 percent global tariff now, claiming legal authority that grants him power to do so for 150 days. And there are other tariff tools as well. Marketplace's Nova Safo reports. The latest tariffs keep higher levies mostly in place for now, despite the Supreme Court's ruling. The Yale Budget Lab says the effective rate on the whole now averages 13.7 percent, down from 16 percent. The new tariffs are under a statutory authority known as Section 122 that no president has previously invoked, and they must be temporary. Treasury Secretary Scott Besson told CNN's State of the Union that the administration will likely impose other tariffs under more commonly used authorities, but those take longer to implement. I think it's highly likely that those tariffs will rise up and that the 122s could disappear after five months. There's also the option of asking Congress to enact higher tariffs, but the administration has not signaled any willingness to do so. I'm Novosaf for Marketplace. The proposed new 15 percent global tariff talked about over the weekend does have carve outs, including for Mexico and Canada. So the import tax situations in those countries would be unchanged. For businesses and markets, the fog has rolled back in, the fog of uncertainty. Economist Julia Coronado is founder and president of Macro Policy Perspectives and a professor at the University of Texas Austin Remember that the lifting of the fog was supposed to be a tailwind for the U economy this year that we'd made some deals and the dust was settling and now we've kicked up all the dust all over again. So the market doesn't quite know what to do with it, but it certainly is another risk factor to add to the list. Gold is up quite resolutely. That's a hedge. Yes, I think one of the reactions to policy chaos in the U.S. has been to seek safe havens. That's been a reliable trend. And that certainly seems to remain in place on this news. Well, here's a note of certainty. U.S. Customs and Border Protection says it'll halt collections of tariffs imposed under the Emergency Economic Powers Act. 12.01 a.m. Eastern on Tuesday. So they're halting collections. That's a tangible thing. And it will take at least a few days to impose the new set of tariffs under the new guidelines and the new legal rationale. And then, of course, we have hundreds of billions of dollars in refunds to process, which is not likely to happen quickly. So lots of moving parts to this evolving trade strategy. Economist Julia Coronado, Macro Policy Perspectives. Thank you very much. My pleasure. The Prime Minister of Spain has plans for his government to give legal status to about half a million migrants who are in Spain illegally The move is designed to boost the country's workforce in economic sectors that have been growing but have struggled to recruit workers. The BBC's Ashish Sharma reports from Madrid. The areas of strong growth have been in tourism, hospitality and construction. Yet these are the sectors in which many Spanish people are not so keen to work in, due to lower wages and temporary contracts. In order to keep these engines of the economy roaring, Spain wants to utilise its migrant population. Another reason is that Spain has an ageing population, with one of the slowest birth rates in Europe. One day, around 4am, he had the idea to eat fish and chips. He googled fish and chips in Barcelona, there was none. So we said, OK, we need to open one. We are born in Pakistan, British ex-colony, so we have fish and chips in, how to say, childhood. From opening one restaurant 10 years ago, Mani and his brother Majad Alam today run 22 restaurants in Barcelona and Madrid. They're mainly fish and chip shops, with the food having an extra taste based on Pakistani spices, they add. But they also run a Pakistani and an Indian restaurant. Being Spanish nationals, they have no problem setting up their restaurants. But Mani says it's a different story when it comes to hiring staff. There's no people who want to work in hospitality. This is one of the first things to solve A lot of times we have people with good experience with no papers They come in the door with their CV and you have the interview everything goes good until the last part and then they say, I have no papers. Obviously, we can't hire them because it's illegal. Sometimes we contract, no? We did like twice, no? Oferta de contrato, like a contract. To become legal first, to take it. You have to become legal and then you can hire them. It takes six months, so how people can survive six months in Madrid or Barcelona without any payment, not really possible. What would be your message then to someone like Pedro Sanchez? To make easier the process, they get papers and start working in short time. For me, it's easy. The Spanish government's legalisation announcement has been criticised by its opponents. The far-right Vox Party says this is the beginning of the loss of Spain's cultural identity. The Partido Popular warns of the wider impact for the European Union. The process for legalisation is set to begin in April. But given how burdensome Spain's bureaucracy has been so far for migrants and asylum seekers, Many who are expected to benefit from this are understandably wary of just how quickly their status will be resolved.