Illegality of President Trump’s Sanctions on Cuba

By Femi Falana

It is common knowledge that President Donald Trump of the United States has threatened to force a regime change in Cuba with a view to reversing the gains of the revolution. Apart from subjecting the people of Cuba to economic strangulation, he has arrogantly announced that he would not hesitate to launch a military attack on Cuba upon the conclusion of the unprovoked war being waged by the United States and Israel against the people of Iran.

On January 29, 2026, President Trump signed an executive order (E.O. 14380) declaring a national emergency regarding Cuba, targeting its energy supply chain. Effective January 30, 2026, the order establishes an unprecedented tariff mechanism designed to sever the island’s access to foreign oil by penalising supplier nations with duties on their US-bound exports. The order aims to penalize third-party nations that provide oil to Cuba, with potential impacts on energy suppliers and global traders. The action was taken under the International Emergency Economic Powers Act (IEEPA) and the National Emergencies Act.

However, on Februay 20, 2026, in the case of Learning Resources Inc. v. Trump, the Supreme Court of the United States of America struck down President Donald Trump’s tariffs on US imports imposed on all countries. In a 6-3 ruling, the Justices of the court declared that the President lacks the constitutional authority to impose tariffs without congressional approval.

The majority of the Justices said that tariffs are taxes and that the Constitution of the United States expressly reserves the power of taxation to the legislature.The Justices also ruled that the International Emergency Economic Powers Act (IEEPA) does not authorize President Trump to impose sweeping, open-ended tariffs—striking down the legal foundation for a central pillar of his administration’s trade strategy.

In his reaction to the epochal judgment of the Supreme Court, Mr. Trump has subjected the 6 Justices who ruled against his illegal action, to scurrilous attacks. Notwithstanding his contempt for the rule of law, the judgment is binding on all authorities and persons in the United States in line with the much celebrated rule of law.

It is therefore submitted that on the authority of the case of the Supreme Court case of Learning Resources Inc. v. Trump supra, the imposition of tariffs on countries that supply oil to Cuba is illegal and unconstitutional on the ground that President Trump did not seek the approval of Congress. Furthermore, the Executive Order issued by President Trump is illegal and uncontitutional as it was predicated on the International Emergency Powers Act of 1977. In other words, the International Emergency Powers Act of 1977 is not a tariff statute.

The economy of Cuba has virtually grounded to a halt while the people have been subjected to unprecedented humanitarian crisis by yankee imperialism. Two days ago, Cuba’s electric grid power collapsed leaving the country of 11 million people without power due to the illegal decision to ban oil shipment to Cuba for the over three months. We have confirmed that Cuba has since reconnected its power grid and brought online its largest oil-fired power plant, energy officials said, putting an end to ‌a nationwide blackout that lasted more than 29 hours amid a U.S. move to choke off the island’s fuel supply.

Last Sunday, Mr. Trump arrogantly said that “We are talking to Cuba, but we are going to do Iran before Cuba.” Contrary to his claim, Mr. Trump has refused to hold direct talks with the Cuban Government because President Diaz-Canel insists that the talks should take place “under the principles of equality and respect for the political systems of both countries, sovereignty and self-determination.”

In his latest war-mongering posture, President Donald Trump has let the cat out of the bag. In utter subversion of the sovereign rights of the people of the island, he said that he would soon have the “honor” of “taking Cuba in some form” and that “I can do anything I want” with the neighboring country. It is time that President Trump was called to order since he lacks the power to declare any war on Cuba without the expressed approval of the Congress. He should not be allowed to present the Congress with a fait accompli as it is the case with the senseless war against the Iranian people.

*Falana, a Senior Advocate of Nigeria, is a human rights lawyer