Judge Issues Temporary Restraining Order Against Trump Administration’s DHS Ads

A federal judge issued a temporary restraining order blocking the Trump administration from continuing to use Department of Homeland Security funds for several politically charged advertisements. The plaintiffs argue that the ads violate restrictions in the Consolidated Appropriations Act of 2026.

The law states that appropriated funds may not be used “for advertising or propaganda purposes within the United States not previously authorized by Congress.” The plaintiffs say they are likely to succeed in showing that the administration violated that requirement.

“Defendants do not dispute that the advertisements at issue are purely partisan and unrelated to official DHS functions,” Judge Rochon wrote. The court found that the plaintiffs were likely to succeed in showing that the advertisements were impermissible “advertisement or promotion” under Section 718 of the Consolidated Appropriations Act.

Trump administration reused a 2024 campaign ad

One of the advertisements was “nearly identical to one used during President Trump’s 2024 campaign, except that the funding disclaimer identifies the U.S. government rather than the presidential campaign,” Rochon wrote.

The advertisement shows Trump walking down a hallway while making statements about his political opponents. Among other things, he promises to “destroy the deep state,” “take out the globalists,” “take out the communists, Marxists, and fascists,” “take out the sick political class that hates our country,” and “route the fake news media.”

“The ad provides no information about the formal functioning of DHS,” Rochon wrote.

Government spent an estimated $15.4 million on the ads

As of October 8, the advertisement had aired approximately 9,679 times, generated an estimated 972 million impressions, and cost more than $9.09 million, according to Rochon’s ruling.

An estimated $6.3 million had also been spent on four other government-funded advertisements challenged in the lawsuit. Total spending reached approximately $15.4 million as of October 8, with additional spending occurring in the days that followed.

Rochon found a “clear and substantial possibility” that the Trump administration violated the Administrative Procedure Act because Congress had not appropriated funds for DHS to distribute the challenged advertisements.

The judge said the restraining order was necessary despite DHS’s claim that it had “no plans” to continue running the ads. “Defendants also provide no reasonable assurance that OMB will not reallocate funds from another source to continue running similar advertisements,” she wrote.

Temporary order could become a preliminary injunction

The temporary restraining order is valid for two weeks. It could later be converted into a preliminary injunction that would prevent the advertisement from airing while the lawsuit continues.

Trump, the White House, the Office of Management and Budget, and DHS also face a similar lawsuit filed by the Democratic National Committee in federal court in the District of Columbia. A hearing on the DNC’s request for a temporary restraining order is scheduled for Thursday.

Read the court ruling on the challenged DHS advertisements.