Two student debt relief programs from Biden are set to be released soon.

It's uncertain if the courts will validate these new education policies, according to an education policy expert.

Two student debt relief programs from Biden are set to be released soon.
Two student debt relief programs from Biden are set to be released soon.

Two student debt relief programs are on the verge of release as they undergo final review before official implementation during the Biden administration's final days.

The two programs, "Plan B" and the second attempt at providing student loan forgiveness, aim to provide relief for millions of borrowers under the Higher Education Act. The first program was ruled unconstitutional by federal courts, while the second program focuses on providing debt relief to those facing financial difficulties.

As of Tuesday, the two programs were submitted to the Office of Management and Budget for review, marking the final step before their official publication in the Federal Register.

An image of protesters calling on the Biden administration to cancel student loan debt next to an image of the Supreme Court.
An image of protesters calling on the Biden administration to cancel student loan debt next to an image of the Supreme Court. (SoFi and Getty Images)

The Supreme Court rejected the Biden administration's initial student loan forgiveness plan, claiming it exceeded the executive branch's authority under the Constitution. In response, the president and his team devised a new plan, known as "Plan B," which aims to provide relief to approximately 23 million borrowers, particularly those whose loan balances have been affected by unchecked interest accumulation.

The second program aims to grant student loan forgiveness to 8 million borrowers who are facing financial difficulties. If approved, the new rule would allow for one-time debt forgiveness for individuals deemed to have a high risk of defaulting on loans based on a predictive assessment using existing borrower data.

Rep. Virginia Foxx, R-N.C., wrote a letter to the Biden administration criticizing its debt relief plan as a temporary solution that puts the burden of payment on taxpayers.

"College costs would be lower if this administration spent half as much time working to address the root causes of our broken student loan system as promoting this illegal free college agenda," she said.

Rep. Virginia Foxx speaks at a news conference in the Capitol Visitor Center.
Rep. Virginia Foxx speaks at a news conference in the Capitol Visitor Center. (Tom Williams/CQ Roll Call)

The Biden administration's student debt forgiveness efforts are likely to be rejected in court due to the same reasons as previous programs, according to Madison Doan, a senior researcher at the Heritage Foundation's Center for Education Policy. Additionally, the recent ruling that overturned Chevron deference means that courts will no longer defer to executive agencies when interpreting statutory language, such as that found in the Higher Education Act.

The administration's attempt to use ambiguous language in old statutes to justify broad new authority for canceling billions in loans at the expense of taxpayers is unlikely to be endorsed by the courts, according to Doan. Additionally, two Democratic-appointed judges have indicated that opponents of the rules are "likely to succeed on the merits" of their legal challenges.

The Biden administration is working to implement a new interim rule that will allow enrollment in an income-driven student debt repayment plan, which was previously stalled in court. The new rule includes changes to the original plan to protect against legal challenges that halted the initial attempt.

President-elect Trump's plan to reform the federal government's role in U.S. education will likely be rescinded as the rule to implement it is not slated to go into effect until several months into his second term. Trump has not formally laid out plans on how he will approach the Biden administration's student loan forgiveness policies.

Student Debt
Student debt relief activists participate in a rally at the U.S. Supreme Court on June 30, 2023, in Washington, D.C.  (Kevin Dietsch/Getty Images)

"President Biden should have learned from the Supreme Court's student loan ruling that he should negotiate a deal with Congress if he wants to forgive debt, according to Chad Squitieri, a law professor at Catholic University of America, who spoke to Planet Chronicle Digital. Biden's attempt to unilaterally enact debt relief through administrative rulemaking, in the final days of his presidency, is just another example of using this process as a substitute for the federal lawmaking process. While publishing a rule may be easier than passing legislation, it can also lead to an unstable solution on debt relief."

The Biden administration has set a new record for the most Federal Register pages filled in a single year, with 96,088 pages as of Dec. 3. This puts the administration on track to fill more than 100,000 pages by the end of its term, reflecting its use of executive rulemaking to implement a range of reforms.

by Alec Schemmel

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