Delaware has joined 12 other states to sue the Trump administration over its tariffs policy.
The states are asking the U.S. Court of International Trade to declare the tariffs illegal and to block government agencies from enforcing them.
They say the tariffs must be approved by Congress first, and that President Trump and the Executive Branch is using the International Emergency Economic Powers Act to go around and disregard the legislative branch.
The act has never been used to issue tariffs by any president until now, according to congressional records.
The states listed as plaintiffs in the lawsuit were Oregon, Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New Mexico, New York and Vermont.
"By claiming the authority to impose immense and ever-changing tariffs on whatever goods entering the United States he chooses, for whatever reason he finds convenient to declare an emergency, the President has upended the constitutional order and brought chaos to the American economy," the lawsuit said.
Last week, California Gov. Gavin Newsom, a Democrat, sued the Trump administration in U.S. District Court in the Northern District of California over the tariff policy, saying his state could lose billions of dollars in revenue as the largest importer in the country.
White House spokesperson Kush Desai responded to Newsom's lawsuit, saying the Trump administration "remains committed to addressing this national emergency that's decimating America's industries and leaving our workers behind with every tool at our disposal, from tariffs to negotiations."
President Trump says a trade deal with China is close and that he is willing to reduce his 145% tariff on China.
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However, China's Foreign Ministry responded using one of Trump's most famous phrases, calling it "fake news" and saying the two sides have not consulted or negotiated on tariffs at all.
The Associated Press contributed to this report.