The lawsuits, filed on Wednesday, challenge the Trump administration's repurposing of $20 million in funds originally allocated by Congress for border security commemorative activities. According to the complaints, the money was used to produce and air a series of television ads promoting Trump's policies ahead of the November 3 midterm elections.
The Democratic lawsuit, filed in Washington, D.C., argues the ads are designed to bolster Republican candidates. “Donald Trump is misusing millions of taxpayer dollars to fund pure propaganda ads in a last-ditch attempt to save Republicans in November,” said Ken Martin, chair of the Democratic National Committee.
Common Cause filed a second lawsuit in the Southern District of New York, arguing the ads are “overtly political” and violate a provision in congressional appropriations bills that bans the use of taxpayer funds for “publicity or propaganda purposes.” The group said the ads are “not public-service announcements,” a justification Trump has offered for the campaign, but rather “personal publicity and political propaganda through and through.”
Both lawsuits argue that the reallocation of funds violates the separation of powers established in the U.S. Constitution. “The founders made clear more than 200 years ago that the executive can spend money only according to Congress’s direction,” Common Cause's lawsuit stated.
The ad campaign, which began airing in September, has cost more than $12 million to date, according to media tracking firm AdImpact. The $20 million for the advertisements was drawn from a $175 million package Congress assigned to the Department of Homeland Security for immigration enforcement. Critics have noted that one of the ads closely resembles a Trump campaign spot from 2024.
The three ads that have aired include themes of a “golden age of America” and imagery such as Mount Rushmore. One ad features a choir singing “love me” over a montage of Trump. The lawsuits seek a court order declaring the ads illegal, halting further spending, and recovering money already spent.