Federal judge in New York orders cancellation of taxpayer-funded ads

U.S. District Judge in Manhattan Jennifer Rochon on Sunday ordered the cancellation of all remaining television ads funded by the Department of Homeland Security with taxpayer dollars that promote political messages connected to President Donald Trump. The decision was issued as a temporary order effective for two weeks.

The order said the administration must "cancel or (cause to be cancelled)" any broadcast or print ads, including those scheduled to air on Sunday night, and it barred the use, spending or transfer of funds allocated to the Department of Homeland Security to develop, create, publish, broadcast or distribute these ads during the order’s duration.

In a filing to the court before the decision, the Department of Homeland Security said the ads "will not continue" after that Sunday and that there were no plans to buy additional ad time after then. President Trump had previously announced that campaign funds would be used to pay for ads in the future, and in a later response to mixed reactions he said on October 5 that his political committee would cover the costs of future ads.

Rochon sided with a coalition that included the watchdog group Common Cause, which challenged the ads, arguing they violate federal law prohibiting agencies from using taxpayer funds for unauthorized promotional purposes. The judge also wrote that "the defendants may not sign or renew or expand any agreement authorizing the development or creation or publishing or placing or broadcasting of the challenged ads" during the order, finding it likely the plaintiffs will succeed on the merits and that they would suffer irreparable harm absent injunctive relief.

The ads began airing in late September and included spots resembling Trump’s 2024 campaign ads, another featuring him and Pete Hegseth promoting what the ads described as a war on Iran. The campaign included an ad showing a clip of Trump speaking about the danger of communism, another that rebroadcast an ad from his previous presidential campaign, while the fifth ad, which began airing earlier in the week, focused on the arrest of ousted Venezuelan president Nicolás Maduro.

Reports said the ads were funded after the Office of Management and Budget added roughly $20 million to a Department of Homeland Security budget line for "memorial activities." According to a House Budget Committee report, Congress had approved spending for items related to memorials, anniversary celebrations and commemorative ceremonies.

Alongside Common Cause, other groups have filed suits over the ads; the Democratic National Committee filed a separate lawsuit last week saying the ads violate campaign spending rules and hinder rival party candidates. The organization Democracy Forward described the court action as a swift and justified response to prevent further use of taxpayer funds for unlawful political propaganda.

Even among Republicans the ads drew criticism: Senate Republican Whip Senator John Thune said the ads "should not be funded by taxpayers."