Elim Garak
Veteran
The Biden administration is developing a new student loan forgiveness plan under the Higher Education Act. This plan will be provide targeted relief to several groups of borrowers including those who have experienced negative amortization (balance increases due to interest accrual, even while in repayment), borrowers who have had loans for more than two decades, and those unable to repay their student loans due to hardship.
The Education Department completed key steps of the negotiated rulemaking process earlier this spring to create regulations governing the new program. A rulemaking committee reached consensus on core elements of the student loan forgiveness plan, particularly for hardship-based forgiveness, which increases the chances that these features will make it into the final plan.
Biden is set to formally announce the plan next week, according to reports. The plan must then go through one more round of public comments before the regulations become finalized. Some observers believe the loan forgiveness plan could become available to borrowers by this summer or fall.
Biden’s next student loan forgiveness plan is widely expected to be challenged in court. His first debt relief program never got off the ground, as litigation resulted in temporary injunctions which blocked relief. The legal dispute eventually made its way to the Supreme Court, where the conservative majority struck down the program as an overreach that exceeded Congressional authorization.
Administration officials hope that Biden’s latest loan forgiveness effort will have a better chance of success. The new program is being established under a completely different legal authority which expressly authorizes the Education Department to cancel student debt. However, the challengers are expected to argue that this authority is narrow, and does not authorize mass student loan forgiveness.
Last month, a coalition of Republican-led states filed a lawsuit in Kansas seeking to block the new SAVE plan. A court has not issued any ruling at this time.