Trump’s delay delays do not halt the U.S. Reciprocal Tariffs (RTC) ban on TikTok
President Trump has again promised to delay enforcement of TikTok’s sell-by date, extending the video app’s effective deadline to sever ties with its China-based corporate owner by 75 days.
He said the administration hopes to “continue working in Good Faith with China, who I understand are not very happy about our Reciprocal Tariffs,” referring to the 34 percent levy on Chinese imports Trump announced this week.
Congress passed the ban in 2024 with overwhelming bipartisan support over national security fears that an app used by more than half of Americans should not be controlled by China, a foreign adversary of the U.S. TikTok fought the ban all the way to the Supreme Court, calling it a violation of free speech rights — but the high court upheld the law in early 2025.
On Inauguration Day, Trump signed an executive order effectively pushing back the start of the ban by 75 days, and promising immunity for other tech companies that provide back end services for the app, such as Apple and Google, which host it in their web stores. That extension was set to expire on April 5.
Legal experts say Trump’s delays do not halt the TikTok ban, meaning it is still technically illegal for TikTok to operate in the U.S. with ties to China. Yet moves by Trump and his administration assuring TikTok and its service providers that U.S. authorities will not prosecute anyone under the law have been enough for the popular app to stay online despite operating in violation of a federal statute.
Byte Dance has been talking with the U.S. government about a possible solution for TikTok. An agreement has not been executed. There are a number of important matters that will be resolved. The agreement is subject to approval in China.
TikTok insiders told NPR that securing the approval of the Chinese government was a key sticking point this time around, since it might be necessary for China to get rid of tariffs.
Bringing Back the Ruling: Reply to Trump’s Proposed Unilateral Extension of The Protecting Americans from Foreign Adversary Controlled Applications Act
Senior editor following news in tech, culture, policy and entertainment. He joined The Verge in 2021 after several years covering news at Engadget.
After his inauguration, Trump signed an executive order telling the Attorney General and Department of Justice to “…take no action to enforce the Act or impose any penalties against any entity for any noncompliance with the Act.” But with the law still on the books after the Supreme Court declined to delay it and with the risk of billions of dollars in penalties, the app took nearly a month to return to US app stores before they were apparently satisfied by the AG’s assurances.
A group of Republican members of the House Select Committee on China, including Chair John Moolenaar, issued a joint statement after Trump announced the extension. The second extension had not addressed legal concerns, but it said that any resolution must make sure that the U.S. law is followed and that the Chinese Communist Party does not have access to American user data or ability to manipulate the content consumed by Americans. There is a letter saying they will look forward to more details.
The Vice Chair of the Senate Intelligence Committee was critical in a phone interview. Warner said the whole thing is a sham if Beijing can’t change the algorithm. Will the Republicans find their voice now that they know this was a national security threat?
The original Protecting Americans from Foreign Adversary Controlled Applications Act was passed with overwhelming bipartisan support to address what lawmakers insisted was a pressing national security threat, then upheld by the Supreme Court in January. Many lawmakers doubt that the Chinese government could access user data in the US through ByteDance, despite the fact that TikTok denied that.
“Trump’s unilateral extension is illegal and forces tech companies to once again decide between risking ruinous legal liability or taking TikTok offline”
The congressman who criticized the law and warned it would harm free expression is trying to get a full repeal of the law. He thought Trump’s delay was a good step.
The China Committee and E&C Republicans have made statements that put a firm line in the sand. Some Republicans who support the law have urged Trump to comply with it. Moolenaar previously warned in an op-ed that an adequate deal must fully break ties with ByteDance after reports that Trump was considering a deal with Oracle that would potentially leave some ties intact. Sen. Josh Hawley (R-MO) told reporters earlier this week that if a deal doesn’t comply with the statute, he “would advise the President against it.” If he can’t get a deal to sell the company in a way that fully complies, Hawley thinks Trump “ought to enforce the statute and ban TikTok. This is not a viable way to go.
Warner maintains that lawmakers want a TikTok sale that keeps the app in the US, and he says the Biden administration should have been more aggressive in getting negotiations started. The ownership structure may allow a foreign government to influence young Americans.