Rochon found that the plaintiffs are likely to succeed in their claim that the Trump administration violated the 2026 Consolidated Appropriations Act requirement that no funding may be used “for publicity or propaganda purposes within the United States not heretofore authorized by Congress.”
“Defendants do not contest that the at-issue advertisements are purely partisan and unconnected to DHS’s official functions,” Rochon wrote. “Thus, the Court finds that Moving Plaintiffs are likely to succeed in showing that the advertisements are impermissible ‘publicity or propaganda’ under Section 718 [of the Consolidated Appropriations Act].”
Trump recycled ad from 2024 campaign
One of the ads “is almost identical to one used during President Trump’s 2024 campaign, other than the fact that its funding disclaimer now identifies the United States government rather than his presidential campaign,” Rochon wrote. “It depicts President Trump walking down a hallway while delivering a series of statements about his political adversaries. Among other things, he promises to ‘demolish the deep state,’ ‘drive out the globalists,’ ‘cast out the communists, Marxists and fascists,’ ‘throw off the sick political class that hates our country,’ and ‘rout the fake news media.’ This advertisement provides no information about DHS’s official functions.”
As of October 8, the ad “had aired approximately 9,679 times, generating an estimated 972 million impressions at an estimated cost exceeding $9.09 million,” Rochon wrote. Another $6.3 million was estimated to have been spent on four other government-funded ads challenged in the lawsuit. That’s about $15.4 million as of October 8, and more was spent over the next few days.
Rochon found “a clear and substantial likelihood” that the Trump administration violated the Administrative Procedure Act “because Congress did not appropriate funds for DHS to spend on disseminating the challenged advertisements.” Rochon said a restraining order was necessary despite the DHS claim that it had “no plans” to continue running the ads.
“Defendants also have not provided reasonable assurances that OMB will not reapportion funds from another source to continue running similar advertisements,” she wrote.
The temporary restraining order is in place for only two weeks, but it can be converted into a preliminary injunction that would keep the ads off the air while litigation continues. Trump, the White House, OMB, and DHS face a similar lawsuit filed by the Democratic National Committee in the federal court in the District of Columbia. A hearing on a motion for a temporary restraining order in that case is scheduled for Thursday.
