President-elect Donald Trump is reportedly preparing to step in to halt a looming U.S. ban on TikTok, potentially alleviating a major source of tension between the U.S. and China.
TikTok, owned by China-based ByteDance, is under pressure from a federal law requiring the company to divest its U.S. stake by January 19 or face a total shutdown in the country. Trump’s reported support for TikTok—an unexpected reversal given his prior efforts to ban the app during his first term—has ignited speculation about a potential shift in U.S.-China tech relations.
Despite having spearheaded an effort to ban TikTok in 2020 over national security concerns, Trump’s stance on the app has evolved dramatically in recent months.
Kellyanne Conway, Trump’s former senior adviser and longtime ally, recently told the Washington Post that she expects him to step in to protect the social media giant, noting that he “appreciates the breadth and reach of TikTok.”
The app currently boasts around 180 million active monthly users in the United States, a significant platform Trump reportedly aims to leverage as he begins his second term. This newfound appreciation for TikTok’s reach aligns with Trump’s personal social media strategy, which includes platforms like Truth Social and various podcast appearances.
Conway, who has allegedly advocated for TikTok in Congress, portrayed the potential ban as a Democratic-driven “draconian” restriction on personal choice, likening it to recent Democratic policies on plastic straws, gas-powered vehicles, and vapes. Her comments underscore the shifting political backdrop surrounding TikTok, transforming it from a once-banned app into a potential symbol of the new administration’s approach to U.S.-China relations.
Trump’s newfound support for TikTok signals a sharp pivot from his original stance. In 2020, Trump’s administration cited national security concerns related to TikTok’s parent company, ByteDance, due to fears that the app could potentially grant the Chinese government access to American user data. Citing the potential for espionage, Trump issued executive orders that would have forced ByteDance to divest TikTok’s U.S. operations, or alternatively, to face a complete ban in the country.
Though the orders were later blocked in court, Trump’s anti-TikTok stance had set a precedent for stringent oversight of Chinese tech firms operating in the U.S. His administration’s actions also fueled a broader narrative in Washington about the national security implications of allowing Chinese companies to access sensitive U.S. markets and consumer data.
TikTok has been fighting the current divestment order in court, arguing that the law violates the First Amendment by restricting free expression. With the January deadline for divestment fast approaching, the social media giant faces significant legal and political uncertainty.
However, should Trump act on his reported support for TikTok, the president-elect has several options at his disposal. Under the current federal law, Trump could extend the divestment window by an additional 90 days if he deems that “significant progress” has been made toward a sale. Additionally, he could encourage GOP-dominated Congress to repeal or amend the legislation or influence his pick for Attorney General to deprioritize its enforcement.
Multiple sources familiar with Trump’s views on the matter, including Conway, suggest he is leaning towards supporting TikTok. Notably, Alan Rozenshtein, a former national security adviser to the Justice Department, speculated that Trump could nudge Congress to repeal the divestment mandate or at least pause its enforcement as he seeks a longer-term solution. If successful, Trump’s intervention could ease regulatory pressures on TikTok not only in the U.S. but potentially across the West, where European nations have also expressed concerns about the app’s data privacy practices.
Trump’s potential protection of TikTok may have broader implications for China-U.S. relations. In the past, other Western governments followed the U.S. in scrutinizing TikTok, leading to bans on government-issued devices in the EU, Canada, and Australia. If Trump reverses course on TikTok, it could signal a shift that might prompt Western allies to reconsider their own policies.
Meanwhile, reports indicate that Trump’s transition team is considering Sen. Marco Rubio—a long-standing critic of China—as a candidate for Secretary of State. This appointment could introduce a complicating factor for TikTok, as Rubio has been outspoken about the app’s potential national security risks. Conway’s comments, however, suggest that Trump remains committed to “personal choice” and sees an opportunity to differentiate himself from what he has described as “Democratic bans on everything.”
Beyond the geopolitical arena, TikTok faces additional scrutiny related to its hiring practices in the U.S., particularly concerning the app’s reliance on H-1B visas for Chinese nationals. A recent report from U.S. Citizenship and Immigration Services (USCIS) revealed that approximately 61% of TikTok’s approved H-1B visa applications in fiscal year 2023 were for Chinese nationals—a stark contrast to the overall 12% average across U.S. companies. Notably, 14 of these H-1B employees are assigned to TikTok’s U.S. Data Security Division, a specialized team created to isolate U.S. user data from foreign access.
Critics like Sen. Tom Cotton have questioned the presence of foreign nationals in TikTok’s U.S. operations, arguing that the app’s data privacy protocols could be compromised.
While TikTok’s hiring strategy is not unusual for tech companies, the concentration of Chinese nationals in data security roles has heightened concerns that TikTok’s firewall between U.S. data and China could be more porous than advertised. ByteDance’s 2023 visa hiring practices reflect a 50% increase from the prior year, raising additional questions about the transparency of TikTok’s data protection policies.
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