Extending the TikTok Enforcement Delay

Executive Orders

TLDR

This executive order extends the enforcement delay of the Protecting Americans from Foreign Adversary Controlled Applications Act (TikTok ban) until June 19, 2025, while implementing controversial legal shields and jurisdictional claims.

This executive order extends the enforcement delay of the Protecting Americans from Foreign Adversary Controlled Applications Act (TikTok ban) until June 19, 2025, while implementing controversial legal shields and jurisdictional claims.

Enforcement Moratorium:

  • Full enforcement pause: The DOJ is barred from enforcing the TikTok ban or imposing penalties for noncompliance until June 2025
  • Retroactive immunity: Entities receive protection from liability for conduct occurring between January 19, 2025, and the order’s issuance date
  • Post-moratorium protection: Prohibits enforcement actions for any activities during the moratorium period, even after its expiration

Legal Directives:

  • State enforcement prohibition: Declares state-level enforcement attempts an unconstitutional encroachment on federal authority
  • Immunity certification: Requires AG to issue letters confirming no violations occurred during protected periods

Constitutional & Legal Concerns:

  1. Separation of Powers Issues

    • The order’s prohibition on state enforcement (Sec.1(d)) conflicts with:
      • Traditional state attorney general authority to enforce federal statutes through parens patriae actions
      • The Anti-Injunction Act’s limitations on federal interference with state court proceedings

  2. Non-Delegation Doctrine Violation

    • By restricting the AG’s congressionally mandated enforcement authority (Sec.1(a)), the order potentially violates:
      • The statutory framework of Public Law 118-50 which grants enforcement discretion to DOJ
      • Constitutional separation of powers principles regarding executive branch obligations to execute laws

  3. Due Process Considerations

    • The retroactive immunity provision (Sec.1(a)) raises questions under:
      • The Fifth Amendment’s Due Process Clause regarding ex post facto protections for corporate entities
      • Equal protection implications through selective enforcement moratoria

  4. Federalism Challenges

    • The order’s preemption of state enforcement (Sec.1(d)) conflicts with:
      • Historical precedent allowing concurrent state/federal enforcement (Cuomo v. Clearing House Association, 2009)
      • Principles of cooperative federalism in cybersecurity regulation

This order represents an aggressive expansion of executive authority through its combination of enforcement delays, retroactive protections, and jurisdictional assertions over state actors. The legal validity hinges on contested interpretations of presidential authority under the Take Care Clause (Article II, Section 3) and the scope of enforcement discretion granted by Congress in the underlying statute.

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1.

Extension.

(a) The enforcement delay specified in section 2(a) of Executive Order14166 of January20, 2025 (Application of Protecting Americans from Foreign Adversary Controlled Applications Act to TikTok), is further extended until June 19, 2025. During this period, the Department of Justice shall take no action to enforce the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”) (Public Law 118-50, Div.H) or impose any penalties against any entity for any noncompliance with the Act, including for distributing, maintaining, or updating (or enabling the distribution, maintenance, or updating) of any foreign adversary controlled application as defined in the Act. In light of this direction, even after the expiration of the above-specified period, the Department of Justice shall not take any action to enforce the Act or impose any penalties against any entity for any conduct that occurred during the above-specified period or any period prior to the issuance of this order, including the period of time from January 19, 2025, to the date of this order.

(b) The Attorney General shall take all appropriate action to issue written guidance to implement the provisions of subsection (a) of this section.

© The Attorney General shall further issue a letter to each provider stating that there has been no violation of the statute and that there is no liability for any conduct that occurred during the above-specified period, as well as for any conduct from the effective date of the Act until the date of this order.

(d) Because of the national security interests at stake and because section 2(d) of the Act vests authority for investigations and enforcement of the Act only in the Attorney General, attempted enforcement by the States or private parties represents an encroachment on the powers of the Executive. The Attorney General shall exercise all available authority to preserve and defend the Executive’s exclusive authority to enforce the Act.

Sec. 2.

General Provisions.

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

© This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.