President Biden revokes Trump's TikTok ban



President Joe Biden on Wednesday revoked the Trump administration's bans on TikTok and WeChat. Replacing his predecessor's executive orders, Biden directed the commerce secretary to investigate apps with ties to foreign adversaries of the United States that might pose a national security risk or compromise the data privacy of American citizens.

Biden's executive order revokes and replaces several orders issued by former President Donald Trump last year, which blocked TikTok, WeChat, and Alipay from being accessed on U.S. app stores. The Trump administration also attempted to prevent those apps from operating within the United States, but ongoing court challenges prevented most of those orders from going into effect, the Verge reported.

"The Biden Administration is committed to promoting an open, interoperable, reliable and secure Internet; protecting human rights online and offline; and supporting a vibrant, global digital economy," the White House said in a statement.

"Certain countries, including the People's Republic of China (PRC), do not share these values and seek to leverage digital technologies and Americans' data in ways that present unacceptable national security risks while advancing authoritarian controls and interests."

The new orders require the Department of Commerce to "evaluate foreign adversary connected software applications" under a new framework for identifying which foreign apps might pose security or data collection risks.

There is widespread concern that America's foreign adversaries are using social media apps to collect data on American citizens. For example, Chinese-owned TikTok quietly updated its privacy policy last week to enable the app to collect users' biometric data, including faceprints and voiceprints.

The Commerce Department is also directed to "make recommendations to protect against harm from the sale, transfer of, or access to sensitive personal data" of U.S. customers to foreign adversaries.

Biden's order does not address actions or investigations taken by the Committee on Foreign Investment in the United States, which under Trump's direction set deadlines for apps like TikTok to divest from their foreign owners.

"The CFIUS action remains under active discussion by the US government," a senior administration official told the Verge.

President Trump's original executive order banning TikTok was blocked by a federal court injunction last December. The court had determined the ban was "arbitrary and capricious" because the Trump administration failed "to adequately consider an obvious and reasonable alternative before banning TikTok." Biden sidestepped pending litigation by repealing the order outright and issuing new directives.

The president will meet overseas with European and NATO leaders this week to discuss actions the international community can take to hold China more accountable.

Biden administration to allow 25,000 asylum-seekers into US from Mexico while cases are pending



In yet another move to upend former President Donald Trump's immigration policies, the Biden administration announced that the United States would let around 25,000 asylum-seekers into the country as they await their hearings. This is a stark contrast to the Trump-era immigration policy that kept asylum-seekers in Mexico as they waited for their immigration hearings.

"Building on a series of Executive Orders last week, the Biden Administration is announcing another step in our phased strategy to reform the nation's immigration system," the Department of Homeland Security announced on Thursday in a statement.

"Beginning on February 19, the Department of Homeland Security (DHS) will begin phase one of a program to restore safe and orderly processing at the southwest border," the department said. "DHS will begin processing people who had been forced to 'remain in Mexico' under the Migrant Protection Protocols (MPP). Approximately 25,000 individuals in MPP continue to have active cases."

There will initially be three ports where asylum cases will be reprocessed, which expect to process up to 300 people a day, according to USA Today.

"President Joe Biden's administration declined to publicly identify the three crossings out of fear it may encourage a rush of people," the Associated Press reported. Immigration officials allegedly told Rep. Henry Cuellar (D-Texas) that the entry points will be Brownsville and El Paso in Texas, and San Diego's San Ysidro crossing in California.

"Eligible individuals will only be allowed to enter through designated ports of entry at designated times," the DHS noted.

The Trump administration implemented the Migrant Protection Protocols, often referred to as "Remain in Mexico," in January 2019.

Ken Cuccinelli, former acting deputy secretary of DHS, said in February 2020 that MPP and other measures are "critical to averting a further crisis." Former acting Homeland Security Secretary Chad Wolf said, "MPP has been a game-changer in the U.S. government's efforts to address the ongoing crisis at the southwest border."

The Trump administration made an agreement with the Mexican government, which allowed U.S. border officials to send back more than 70,000 migrants to Mexico under the Migrant Protection Protocols, according to an analysis by the Transactional Records Access Clearinghouse at Syracuse University.

Hearings for people enrolled in MPP have been suspended since June due to the COVID-19 pandemic. The DHS said there would be a new "virtual registration process that will be accessible from any location."

Secretary of Homeland Security Alejandro Mayorkas added, "As President Biden has made clear, the U.S. government is committed to rebuilding a safe, orderly, and humane immigration system."

"This latest action is another step in our commitment to reform immigration policies that do not align with our nation's values," Mayorkas claimed.

A new Morning Consult poll that was released this week tells a different story. The survey found that the most unpopular executive orders that President Joe Biden signed into action during the first weeks in office were related to immigration, including expanding the number of refugees admitted to the United States and halting construction on the border wall.

"Orders pertaining to immigration and immigrant rights constitute five of his seven least popular actions among voters, and are particularly animating for Republicans," said Cameron Easley of Morning Consult.

This week, former Immigration and Customs Enforcement Acting Director Tom Homan warned that the Biden administration's policies have already caused a surge at the U.S. southern border. The former ICE director alleged that the entire country would become a sanctuary jurisdiction, which "means more tragedies are going to come."

Poll: 5 of Biden's 7 most unpopular executive orders are on immigration



President Joe Biden has not even held office for a full month but has already taken more than 40 executive actions that, according to a new Morning Consult poll, are mostly popular with one outstanding exception. That exception is Biden's executive order to greatly expand the number of refugees admitted to the United States.

According to the survey, Biden's refugee order is the only executive action he's taken that is downright unpopular, with 48% of voters opposing his plan to allow 110,000 more refugees to seek safe haven in the United States in the upcoming fiscal year and 39% of voters supporting the action.

Under President Donald Trump's administration, refugee admittance was capped at a historic low of 15,000 people, whereas Biden has increased the cap to a historic high of 125,000 refugees.

Biden's refugee order was the least popular of 28 executive actions tracked by Morning Consult since Inauguration Day.

New from me: @MorningConsult has polled 28 executive actions issued by @POTUS since Jan. 20. His move to expand t… https://t.co/fAxaS7KzZu
— Cameron Easley (@Cameron Easley)1612960443.0

"The finding from the latest survey, conducted Feb. 5-7 among 1,986 registered voters with a margin of error of 2 percentage points, reinforces the notion that immigration will be tricky political territory for the president," Cameron Easley writes for Morning Consult. "Orders pertaining to immigration and immigrant rights constitute five of his seven least popular actions among voters, and are particularly animating for Republicans."

Breaking down the numbers on Biden's refugee order shows 3 in 5 Republican voters "strongly oppose" raising the refugee cap to 125,000 people. A similar number of Republican voters strongly opposed Biden ending construction of the U.S.-Mexico border wall and also opposed ending the immigration and travel restrictions from Muslim-majority countries flagged as hotbeds of terrorism.

Republicans are most strongly opposed (66%) to the Biden administration's decision to reverse Trump's policy and count illegal immigrants in the census.

The other two most unpopular Biden executive orders have to do with energy policy. The cancelation of the Keystone XL Pipeline is Biden's third-most unpopular order, with 42% of voters supporting the decision to kill the pipeline project, 28% opposed, and 20% unsure. Biden's order to eliminate fossil fuel subsidies has 45% support, 34% opposition, and 21% unsure.

Biden's most popular executive action was his order mandating that people wear masks on public transit such as planes, trains, and buses to protect against the spread of the coronavirus. The survey found that 78% of voters supported the mask mandate and just 15% opposed it. Biden's second-most popular executive order was a similar mask mandate on federal property.

South Dakota Republican introduces bill to reject Biden's executive orders



A new bill introduced in South Dakota's Republican-controlled House of Representatives aims to give the state's attorney general the power to reject any executive order issued by President Joe Biden deemed to be unconstitutional.

What are the details?

The legislation, HB 1194, introduced by newly elected Republican state Rep. Aaron Aylward, comes as Biden has issued a flurry of executive orders and actions during his first weeks in office, despite previously arguing that only "dictators" rule by executive orders.

With the new bill, Aylward hopes to rein in the president's executive power by authorizing the state to review certain executive orders that "restrict a person's rights."

"The Executive Board of the Legislative Research Council may review any executive order issued by the President of the United States, if the order has not been affirmed by a vote of the Congress of the United States and signed into law, as prescribed by the Constitution of the United States," the bill's text reads.

"Upon review, the Executive Board may recommend to the attorney general and the Governor that the order be further examined by the attorney general to determine the constitutionality of the order and to determine whether the state should seek an exemption from the application of the order or seek to have the order declared to be an unconstitutional exercise of legislative authority by the President," it continues.

Under the legislation, the state's attorney general would be able to exempt South Dakota from the any executive order "that restricts a person's rights" or is determined "to be unconstitutional" as long as the order relates to the following:

  1. A pandemic or other public health emergency
  2. The regulation of natural resources
  3. The regulation of the agricultural industry
  4. The regulation of land use
  5. The regulation of the financial sector through the imposition of environmental, social, or governance standards, or
  6. The regulation of the constitutional right to keep and bear arms

What else?

In an interview with local news outlet KELO-TV, Aylward insisted that the legislation is not just a response to recent action from Biden, but is intended to push back against the steady expansion of executive power in the U.S. in general.

"This isn't just a President Biden issue but rather an overall executive overreach issue that we've been experiencing for a long time," he said. "The U.S. Congress has abdicated their duty for a long time in different areas. This bill is simply setting up a process to nullify acts that would be unconstitutional. When looking at the U.S. Constitution, the President only has the powers that are laid out in Article II."

The new state lawmaker argued that, if signed into law, the bill would go a long way toward restoring federalism in the country and for South Dakota specifically.

"If this were to pass, it would give South Dakota much of its power back," he said. "Per the supremacy clause of the U.S. Constitution, the powers of the federal government need to line up with what is laid out in the document."

Biden's order fines travelers on planes, trains, and buses up to $1,500 for not wearing masks, possible 'criminal penalties'



During his flurry of executive orders in his first week in the White House, President Joe Biden signed an EO that mandated face masks be worn on public transportation, including trains, buses, and aircraft. Enforcement of the new policy went into effect this week, and noncompliance can result in some hefty fines.

Biden's executive order on Promoting COVID-19 Safety in Domestic and International Travel requires face masks to be worn at airports, as well as traveling on commercial aircraft, trains, public maritime vessels, ferries, and intercity buses.

The order will be enforced by Transportation Security Administration agents and "other federal authorities." "To the extent permitted by law…federal agencies are required to implement additional measures enforcing the provisions of this Order," the Centers for Disease Control and Prevention states.

"CDC reserves the right to enforce through criminal penalties [but] CDC does not intend to rely primarily on these criminal penalties but instead strongly encourages and anticipates widespread voluntary compliance," the health agency says.

From Feb. 2 to May 11, the Transportation Security Administration is "requiring travelers to wear face masks when they are in airports, bus and rail stations, as well as while on passenger aircraft, public transportation, passenger railroads, and over-the-road buses operating on scheduled fixed-routes." Travelers will also be required to wear a mask at TSA airport screening checkpoints.

The mask mandate applies to "all passengers who appear to be over the age of 2."

TSA agents can request that travelers temporarily lower the mask to verify their identity.

Travelers will be permitted to remove masks while eating or drinking. Those with medical conditions can be exempt, but may be required to show medical documentation.

Passengers who don't comply with the face mask mandate could be "denied entry, boarding, or continued transport."

The TSA released an update on Friday, announcing fines for anyone violating the travel mask mandate. Those who defy the face mask requirement can be hit with a $250 fine, and repeat violators are subject to fines of up to $1,500.

The transportation agency notes, "Based on substantial aggravating or mitigating factors, TSA may seek a sanction amount that falls outside these ranges."

.@TSA has provided transportation system operators specific guidance on how to report violations so that TSA may is… https://t.co/IbTR9KIHky
— TSA (@TSA)1612533385.0

"TSA will fully comply with the President's Executive Orders, CDC guidance and the DHS National Emergency determination to ensure healthy and secure travel across all transportation sectors," Darby LaJoye, senior official performing the duties of the TSA administrator, said. "This will help prevent further spread of COVID-19 and encourage a unified government response. As we continue to experience impacts from this pandemic, we are committed to this measure as the right thing to do for the TSA workforce, for our industry stakeholders and for passengers."

Marcellus Wiley calls for 'separate transgender category in competition' after Biden's executive order affecting girls' sports



Former NFL player Marcellus Wiley propositioned the idea of a separate category for transgender athletes in response to President Joe Biden's executive order forcing women to compete in sports against biological males.

The retired defensive end who played 10 years in the NFL for four teams called for the change in athletics with a tweet.

"As a father of 3 daughters & the husband to a former collegiate athlete, this hits home in a special way," Wiley wrote on Twitter. "It's time to create a separate transgender category in competition! Also think it's time for me to start a podcast bcuz some things need to be discussed in detail!"

As a father of 3 daughters & the husband to a former collegiate athlete, this hits home in a special way🤯It’s time… https://t.co/zBJkYKMDyr
— Marcellus Wiley 🧢 (@Marcellus Wiley 🧢)1611972226.0

The tweet includes a screenshot of a May 2019 article from World Magazine titled: "Built-in advantage: NCAA hurdler shows how the Equality Act would undermine the very thing it claims to champion."

The article chronicles transgender collegiate athlete CeCe Telfer, who was ranked In ranked 200th and 390th in 2016 and 2017, respectively, among Division-II men's college athletics, before transitioning, and then becoming a national champion when competing against women.

CeCe (formerly Craig) Telfer of New Hampshire's Franklin Pierce University won the 400-meter hurdles at the NCAA Division II Outdoor Track and Field Championships on May 25 in Kingsville, Texas. Telfer's time of 57.53 seconds was more than a full second faster than that of his nearest competitor.

A peek at Franklin Pierce's track and field website says nothing about Telfer competing as a man for his first three college seasons or about his accomplishments during those years. The press release touting the Ravens' first NCAA individual champion in any sport says nothing about Telfer being transgender, either.

Cory Procter, also a former NFL player, weighed in on the debate, "No extra category. Men and women."

Wiley, who is also a sports television commentator, responded, "I'm hearing that pushback. But, is that respecting all? That's what I want to dive into."

@CoryProcter 🤔 I’m hearing that pushback. But, is that respecting all? That’s what I want to dive into
— Marcellus Wiley 🧢 (@Marcellus Wiley 🧢)1611974588.0

On his first day as president, Biden signed the "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation." The executive order declared that any school that receives federal funding must allow biological males who identify as females to compete in girls' sports teams. Schools that don't abide could face administrative action from the Education Department, which could include the loss of federal funding.

"Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports," the executive order reads. "Discrimination on the basis of gender identity or sexual orientation manifests differently for different individuals, and it often overlaps with other forms of prohibited discrimination, including discrimination on the basis of race or disability."

Biden has signed 40 executive orders and actions in his first 10 days in office.

Flashback: Before signing 37 executive actions​ Biden said, 'We need consensus,' and dictators rule by executive orders



President Joe Biden has signed 24 executive orders and 37 presidential actions in his first week in power. However, during his campaign run, Biden contradictorily stated that democracy needs "consensus" of the people, and those who govern by executive orders are "dictators."

On Oct. 15, only weeks before the election, then-candidate Joe Biden participated in an ABC News town hall at the National Constitution Center in Philadelphia. Biden and ABC News host George Stephanopoulos discussed raising the corporate tax and increasing taxes on the wealthy.

Stephanopoulos asked if Biden's tax increases will happen soon after he gets in office, and he responded, "I've got to get the votes. I got to get the votes."

"I have this strange notion. We are a democracy," Biden said with a smirk.

"Some of my Republican friends and some of my Democratic friends even occasionally say, 'Well, if you can't get the votes by executive order, you're going to do something.' Things you can't do by executive order unless you're a dictator," Biden enunciated.

"We're a democracy," Biden proclaimed at the time. "We need consensus."

.@JoeBiden in October: “I have this strange notion, we are a democracy … if you can’t get the votes … you can’t [le… https://t.co/g6voJBcUoU
— Tom Elliott (@Tom Elliott)1611662163.0

Flash forward to his first week in office, and President Biden has signed a flurry of executive orders, many of which reverse former President Donald Trump's policies. Biden's executive actions have targeted climate change, the coronavirus pandemic, mask mandates, travel bans, immigration, student loans, transgender issues, and the Keystone XL pipeline.

The number of presidential actions has been unprecedented, as noted by Sen. Marco Rubio (R-Fla.).

Last week, Rubio blasted President Biden over the barrage of executive orders he had signed.

"Number one, he has issued more executive fiats than anyone in such a short period of time, ever," Rubio said. "More than Obama, more than Trump, anyone."

In the first week of their presidencies, here's how many executive orders the last eight presidents had issued:

  • President Joe Biden: 24 executive orders
  • President Donald Trump: 4 executive orders
  • President Barack Obama: 5 executive orders
  • President George W. Bush: 0 executive orders
  • President Bill Clinton: 2 executive orders
  • President George H.W. Bush: 1 executive order
  • President Ronald Reagan: 0 executive orders
  • President Jimmy Carter: 1 executive order

In his first two days as president, Biden had already signed more executive orders than Trump did in nearly two months in office, according to The Economist.

Republican Sen. Marsha Blackburn of Tennessee slammed Biden for the explosion of presidential actions out of the gate.

"30 executive orders and actions signed in only 3 days' time," Blackburn tweeted on Tuesday.

"@POTUS, you can't govern with a pen and a phone," Blackburn said, a reference to former President Barack Obama's notable quote from 2014 about using executive orders to advance his agenda in spite of an uncooperating Congress.

30 executive orders and actions signed in only 3 days' time. @POTUS, you can't govern with a pen and a phone.
— Sen. Marsha Blackburn (@Sen. Marsha Blackburn)1611704815.0

Here is how many executive orders past presidents have issued in their time at the White House:

  • President Donald Trump: 220 executive orders (1 Term) - 55 per year
  • President Barack Obama: 276 executive orders (2 Terms) - 35 per year
  • President George W. Bush: 291 executive orders (2 Terms) - 36 per year
  • President Bill Clinton: 364 executive orders (2 Terms) - 46 per year
  • President George H.W. Bush: 166 executive orders (1 Term) - 42 per year
  • President Ronald Reagan: 381 executive orders (2 Terms) - 48 per year
  • President Jimmy Carter: 320 executive orders (1 Term) - 80 per year