TikTok ban in US: How Donald Trump's last-minute plan could suspend the move; his options

US President-elect Donald Trump is reportedly considering issuing an executive order to postpone the impending nationwide ban on TikTok, set to take effect this Sunday. The move, which could halt enforcement for up to 90 days, comes as his administration prepares to tackle one of the most controversial tech decisions of the outgoing Biden presidency.

Two sources privy to the deliberations revealed to The Washington Post that such an order could buy time for the popular app to navigate its uncertain future in the United States. The ban, which stems from national security concerns over TikTok's Chinese ownership, demands ByteDance, TikTok’s parent company, divest its US operations by Sunday or face removal from app stores nationwide.

As it stands, current restrictions would block new downloads of the app while allowing existing users continued access. However, a lack of updates would cause the app’s functionality to deteriorate gradually.

The timing of the ban is crucial, coinciding with Trump’s inauguration on Monday. Trump has been vocal about his support for TikTok, telling his 14 million followers on the platform that he intends to "save" the app upon taking office.

This wouldn’t be the first time Trump has expressed interest in overturning the ban, which was signed into law by President Joe Biden last April. However, legal experts caution that an executive order may have limited power to reverse a ban enacted through bipartisan Congressional support.

“Executive orders are not magical documents. They're just press releases with nicer stationary,” explained Alan Rozenshtein, a former Department of Justice national security adviser. He added, “TikTok will still be banned, and it will still be illegal for Apple and Google to do business with them. But it will make the president’s intention not to enforce the law that much more official.”

Trump’s options extend beyond an executive order. He could pursue a legislative repeal of the ban, which would require approval from both the Senate and the House—a formidable challenge given the bipartisan consensus supporting the ban. Alternatively, his administration could direct the Department of Justice to abstain from enforcing the law, a move that could leave distributors like Apple and Google relatively unscathed but does not guarantee long-term immunity from legal repercussions.

TikTok is reportedly preparing for a shutdown if the ban proceeds. According to Reuters, the app plans to display a pop-up notification redirecting users to a website with information about the ban. The company also intends to provide users with the option to download their personal data.

“Shutting down such services doesn’t require long planning,” a source disclosed, emphasizing that operations remain functional as of this week. Should the ban be lifted, TikTok is positioned to swiftly restore service for US users.