U.S. District Judge Jennifer L. Rochon issued a temporary restraining order on October 11 in Common Cause et al. v. Department of Homeland Security et al. The order stays a September 20 purchase order between Customs and Border Protection and LMD Agency, including future payments, and stays an Office of Management and Budget allocation of $20 million for the challenged television ads.
Rochon also barred the defendants from using Department of Homeland Security appropriations to develop or air the listed advertisements, required cancellation of outstanding placements, and directed the government to file a compliance report within 24 hours. The order took effect at 6:45 p.m. on October 11 and is set to remain in force for 14 days unless extended.
The plaintiffs allege that the campaign exceeded congressional authorization and violated restrictions on government publicity and propaganda. The court found the moving plaintiffs likely to succeed for purposes of emergency relief, but that finding is not a final judgment on the merits. Reuters reported that the administration had said it was already planning to stop running the ads, while the White House said President Trump’s political committee would fund them going forward.