President Donald Trump signed an executive order Monday night that extended the deadline for compliance with the TikTok divestment law, an expected move that effectively halts the app’s shutdown in the United States for 75 days.
The law, which went into effect Sunday, sought to sever ties between the Chinese-owned platform and its parent company, ByteDance, over national security concerns. The new executive order seeks to address the “unfortunate timing” of the law going into effect one day before Trump took office, which was also the deadline to find a U.S. buyer for the Chinese-owned social media app.
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“Frankly, we have no choice. We have to save it,” Trump said during a rally Sunday, when he floated that TikTok’s restoration would involve a proposed joint venture in which the U.S. government would own a 50% stake. Trump assured users on his Truth Social platform that no penalties would be imposed on companies providing services to TikTok during the extension period.
TikTok, which has over 170 million U.S. users, began restoring access on Sunday after it went “dark” Saturday evening, with the app returning to U.S. app stores by Monday morning. The company thanked Trump for “providing the necessary clarity and assurance” to keep the platform operational, citing its importance to millions of small businesses.
“The unfortunate timing of section 2(a) of the Act — one day before I took office as the 47th President of the United States — interferes with my ability to assess the national security and foreign policy implications of the Act’s prohibitions before they take effect,” according to the order from Trump. “This timing also interferes with my ability to negotiate a resolution to avoid an abrupt shutdown of the TikTok platform while addressing national security concerns.”
Mixed Reactions to the Order
The executive order has sparked intense debate among lawmakers. Republican Sens. Tom Cotton (R-AR) and Pete Ricketts (R-NE) criticized Trump’s move, arguing that it undermines the divestment law’s intent.
“The law was enacted to address the very real national security risks posed by TikTok’s ties to the Chinese Communist Party. Delaying its enforcement is a reckless abdication of responsibility,” they said in a joint statement.
Supporters of the decision praised Trump for avoiding economic disruption and safeguarding a platform integral to content creators and small businesses. TikTok CEO Shou Zi Chew attended Trump’s rally and expressed optimism about future negotiations.
Will ByteDance bite on Trump’s deal?
The granular details of Trump’s proposed 50-50 joint ownership deal are unknown, but the Chinese Communist Party has been clear that it would not entertain arrangements that would violate its data access protocols.
Chinese Ministry of Foreign Affairs spokeswoman Mao Ning was asked about her government’s reaction to Trump’s proposition on Monday, just hours before the president took office.
“When it comes to actions such as the operation and acquisition of businesses, we believe they should be independently decided by companies in accordance with market principles,” Mao said. “If it involves Chinese companies, China’s laws and regulations should be observed.”
Legal and Political Implications
Critics warn that Trump’s order sets a troubling precedent by overriding a validly enacted law. But some legal experts question whether opponents will have standing to challenge the executive order, noting the difficulty in demonstrating concrete harm.
Notably, the order appears to include language that implies Trump may have flexibility to extend the timing of its effects if need be.
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“This order shall be implemented consistent with applicable law and subject to the availability of appropriations,” the order states.
With the Republican-controlled Congress unlikely to push back and a Supreme Court with some history of acting deferential to Trump’s executive authority, the decision underscores the broader implications of his approach to presidential power in his second term.
