Biden White House Says Trump to Determine Next Steps

President Biden, on the eve of leaving office, is punting the issue of the U.S. government’s enforcement of the law requiring TikTok‘s Chinese parent to sell its stake in the app or face a nationwide ban to President-elect Donald Trump.

TikTok is at risk of being effectively banned in the U.S. under the federal law set to take effect Sunday, Jan. 19, unless the Supreme Court grants an injunction blocking its enforcement — or if some other contingency emerges.

On Thursday, the White House indicated that it won’t move to enforce the law’s Jan. 19 deadline. “Our position on this has been clear: TikTok should continue to operate under American ownership. Given the timing of when it goes into effect over a holiday weekend a day before inauguration, it will be up to the next administration to implement,” a Biden administration official told ABC News in a statement.

Trump reportedly is considering issuing an executive order to suspend enforcement of the law for 60-90 days while he tries to hammer out a resolution to keep TikTok available, as first reported by the Washington Post. However, it’s questionable whether Trump has the legal authority to pause the divest-or-ban law.

In an amicus filing last month, Trump requested that the Supreme Court suspend the law from going into effect on Jan. 19 to allow his administration to pursue a “negotiated resolution that could prevent a nationwide shutdown of TikTok, thus preserving the First Amendment rights of tens of millions of Americans, while also addressing the government’s national security concerns.”

At a press conference at Trump’s Mar-a-Lago compound in December, when he was asked about TikTok, Trump replied, “I have a warm spot in my heart for TikTok” because of his belief that the app helped drive young voters toward his side of the ballot. On Sept. 4, 2024, Trump posted on Truth Social, “FOR ALL THOSE THAT WANT TO SAVE TIK TOK IN AMERICA, VOTE TRUMP!”

During his first term, Trump unsuccessfully sought to force a TikTok sale to U.S.-based parties, also over national security fears.