Judge Orders DHS to Pull $20 Million in Taxpayer-Funded TV Ads Featuring Trump Three Weeks Before the Midterms

On the night of Sunday 11 October, US District Judge Jennifer Rochon in New York issued a two-week temporary restraining order requiring the administration to cancel its remaining taxpayer-funded television ads, including any set to air that night. The order bars the government from entering, renewing or expanding any agreement to make, place or air them.

The Homeland Security Department paid $20 million to an ad agency, LMD Agency, for a “National Media Campaign” that began in late September. One ad uses a clip of the President on the threat of communism. One replays a 2024 campaign ad. A fifth, first aired on 6 October, covers the capture of Nicolás Maduro.

The case

The plaintiffs, a coalition led by Common Cause and represented by Democracy Forward, called the ads “blatantly unlawful political propaganda.” Federal appropriations law has for decades barred agencies from using funds for “publicity or propaganda” not authorised by Congress.

A DHS official, Holly Mehringer, said in a court declaration that the funds were available for, among other things, “commemorating efforts and events related to border security.” A day before the contract, OMB had given Customs and Border Protection $20 million for “OBBB Commemorative Events,” named for the 2025 tax and spending law. The Justice Department argued an order was unnecessary because the conduct “will end tomorrow.”

The White House says it has no plan to repay the roughly $20 million already spent. The President called the ads “rather standard” on 5 October and said future ads would be paid for by his political operation.

Other suits

The Democratic National Committee sued separately in Washington around 7 October. The Democratic Party of Wisconsin filed in federal court in DC on 9 October. It cites the propaganda ban, the Hatch Act, which limits political activity by federal employees, and the Constitution, and asks for repayment.

Republican leaders object

Senate Majority Leader John Thune said: “It shouldn’t be paid for with taxpayer dollars.” Senator John Kennedy said officials should not “spend public money on private ads for themselves.”

Why it matters

Courts rarely stop executive branch spending in the middle of a campaign. The order tests the oldest limit Congress has put on agency publicity, and it adds to a run of disputes over how money from the 2025 law is used, including the ICE expansion covered in our post on ICE funding.

GAO, Congress’s auditor, has ruled against agencies under the propaganda ban before, including against the EPA’s social media campaign in 2015. A GAO opinion could follow if appropriators ask for one. The restraining order runs about two weeks, ending close to Election Day.