Judge blocks Biden’s new student loan forgiveness plan before launch

Earlier this summer, millions of federal student loan borrowers got a promising email. The Biden administration informed them that debt forgiveness was on the way and that they may be eligible.

However, before the U.S. Department of Education could publish its final rule on the debt relief and start to carry out its new sweeping loan forgiveness plan, a Republican-led challenge has managed to at least temporarily block the relief.

Here’s what we know so far.

On Sept. 5, U.S. District Judge Randal Hall in Augusta, Georgia, issued a temporary restraining order against President Joe Biden‘s second effort to cancel student debt for millions of Americans. The Biden administration had previously tried to offer sweeping student debt forgiveness in 2022.

Hall, appointed by former Republican President George W. Bush, was responding to a lawsuit against the relief package brought by seven Republican-led states a few days earlier. The states — Alabama, Arkansas, Florida, Georgia, Missouri, North Dakota and Ohio — said the U.S. Department of Education’s new debt cancellation effort, like its previous attempts, is illegal.

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Hall said the states had made a convincing case that the department was overstepping its authority, and blocked the Biden administration from moving forward with its plan until a Sept. 18 hearing.

“The court has only issued a temporary restraining order and the scope of the order is not clear,” said Luke Herrine, an assistant professor of law at the University of Alabama.

It appears the administration can still proceed with finalizing the rule and preparing to cancel the debt, Herrine said. But it likely won’t be able to start forgiving the loans until the courts decide on the rule’s legality, which could take months, experts say.

The Department of Education did not immediately respond to a request for comment.

In June 2023, the Supreme Court ruled that Biden’s attempt to cancel around $400 billion in federal student debt was unconstitutional. Immediately after, Biden vowed to find another way to deliver relief to borrowers.

Biden’s first attempt to forgive student debt was through an executive action. This time, his administration has pursued the regulatory process, a lengthier route that it hoped would make its relief package more immune to legal challenges.

It was not expected to publish its final rule on its revised student loan forgiveness plan, which could impact more than 25 million Americans, until October. However, in their lawsuit, the state attorneys general said they had discovered evidence that the Education Department had ordered federal loan servicers to begin erasing the loans as early as Sept. 3.

Yet it’s unlikely the Biden administration would break the rules of the regulatory process timeline, legal experts said.

“I strongly doubt that this allegation is true,” Herrine said.

Most likely, the administration had told the loan servicers to prepare to forgive the debt once the rule is finalized, he said.

The Biden administration’s new affordable repayment plan for student loan borrowers, known as SAVE, is also tied up in the courts from a barrage of GOP-legal challenges. Those enrolled in the plan are excused from making payments for the time being.

As things stand, most of the Biden administration’s hopes to deliver relief to borrowers ahead of the 2024 presidential election are now stalled.

That may be part of the point, Herrine said.

“The GOP knows that student debt cancellation is popular and they want to prevent the Biden administration from doing popular things,” Herrine said.