Democratic Party of Wisconsin and Wisconsin Treasurer Candidate Yee Leng Xiong Sue Trump Administration Over Illegal Ads
October 9, 2026
Lawsuit charges administration with illegally diverting border security and memorial funds for partisan midterm ads
WASHINGTON, D.C. — Democracy Defenders Action and Hecker Fink LLP today filed a lawsuit against the Trump administration on behalf of the Democratic Party of Wisconsin and candidate for Wisconsin Treasurer, Yee Leng Xiong, challenging the Trump administration’s unlawful use of taxpayer dollars for partisan political advertisements.
The complaint outlines how the Trump administration transferred $20 million that Congress appropriated for border security and to honor DHS employees to fund campaign-style ads promoting President Trump and attacking his political opponents ahead of the midterm election.
“Defendants do not have authority under the Constitution or federal statutes to take taxpayer funds appropriated by Congress for other purposes, and to pay for another unauthorized purpose,” the complaint states. “Their abuse of their office is compounded when the purpose for which they have used those funds is separately and specifically forbidden by federal law.”
The lawsuit has been filed against President Trump, the Department of Homeland Security, the U.S. Customs and Border Protection, the Office of Management and Budget, and includes agency leadership as named defendants. Despite recent announcements that President Trump and a super PAC that supports him, MAGA Inc., would pay for future ad spots, the administration has not offered to reimburse taxpayers for the millions of public dollars already spent.
The administration’s decision to use public funds violates longstanding federal law and policy prohibiting the expenditure of agency funds for partisan, publicity and propaganda purposes, in addition to violating the Hatch Act, Administrative Procedures Act and the Constitution. The lawsuit seeks to stop the ads from running, secure an injunction and force reimbursement of taxpayer funds.
“The Trump administration has effectively looted the federal treasury, taking funds meant to protect our borders and honor fallen officers to finance their own election propaganda,” said Amb. Norm Eisen (ret.), co-founder and board member of Democracy Defenders Action. “This is an insult to every taxpayer in our country and an assault on our democracy, an attempt to tip the scales that is as desperate as it is offensive and illegal. We will fight this unconstitutional abuse of power in court to hold this entire administration accountable.”
“While Wisconsinites can barely afford basic needs, the Trump administration is using our taxpayer dollars for illegal Republican campaign ads,” said Democratic Party of Wisconsin Chair Devin Remiker. “The Democratic Party of Wisconsin has never rolled over in the face of threats from MAGA extremism— and we are joining Democracy Defenders Action and Yee Leng Xiong’s campaign to fight back against the Trump administration and his billionaire buddies’ attempt to buy another election in Wisconsin. When Wisconsinites turn on the TV, we want to watch the Brewers and Packers keep winning, not be insulted with our own tax dollars being wasted on ads to prop up a failing President.”
“Hardworking Wisconsinites paid their taxes. Now, Donald Trump is betraying their trust and breaking their laws by using their tax dollars to fund political propaganda,” said Yee Leng Xiong, candidate for Wisconsin Treasurer. “It’s an outrageous abuse, and it’s past time for the ads to stop and the lawbreakers to be held accountable. This administration has already made life more expensive for Wisconsin families. Now they’re taking hard-earned dollars and using them for illegal ads for political gain.”
Read the full complaint here.
Background:
On Sept. 19, 2026, administration officials transferred $20 million into a Customs and Border Protection account originally intended for “commemorative events” (such as line-of-duty death memorials and agency anniversaries) as well as funds designated for border security upgrades, biometric technology, and drug trafficking prevention.
On Sept. 20, 2026, the Department of Homeland Security awarded a $20 million contract to the LMD Agency, a Maryland-based advertising firm, to execute the “National Media Campaign.”
Between Sept. 23 and Sept. 29, 2026, the administration used these funds to air the ads at least 2,766 times, with the “Love Me” spot alone broadcasting more than 1,300 times.
On Oct. 5, 2026, Trump announced that a Pro-Trump super PAC, MAGA Inc., would cover future costs for the ad campaign. The next day, White House officials publicly said that the administration would not reimburse the federal government for the taxpayer funds spent on ads that had already aired.
As of Oct. 8, 2026, a new taxpayer-funded ad was released and the ads continue to run with the disclaimer “Paid for by the U.S. Government” attached.
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Democracy Defenders Action brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.
Hecker Fink LLP is a nationally recognized litigation boutique known for handling the most complex and high‑stakes matters.
For media inquiries, contact, press@democracydefenders.org.
