Judge halts further student loan forgiveness under part of Biden's new repayment plan (2024)

A federal judge on Monday temporarily barred the Education Department from allowing additional loan forgiveness under a key component of President Joe Biden's student debt relief plan.

The judge's order halted the cancellation of federal student loans under the income-driven repayment plan known as SAVE after several states sued over the program.

The Biden administration is "preliminarily enjoined from any further loan forgiveness for borrowers under the Final Rule’s SAVE plan until such time as this Court can decide the case on the merits," U.S. District Judge John A. Ross wrote.

Judge halts further student loan forgiveness under part of Biden's new repayment plan (1)

The SAVE plan came about after theSupreme Court last year rejected the Biden administration’s broader effort to address debt under its pandemic-era relief plan, which aimed to erase up to $20,000 in federal student debt for about 43 million borrowers.

Ross also rejected an effort by the Biden administration to dismiss the case, saying the states that brought the lawsuit had standing and "are likely to succeed on the merits of their argument that the early loan forgiveness provisions ... were promulgated in a manner exceeding the Secretary’s statutory authority," referring to the secretary of education.

Missouri Attorney General Andrew Bailey, representing one of the seven states that brought the lawsuit, lauded the ruling.

“By attempting to saddle working Missourians with Ivy League debt, Joe Biden is undermining our constitutional structure,” Bailey said in a statement. “Only Congress has the power of the purse, not the President. Today’s ruling was a huge win for the rule of law, and for every American who Joe Biden was about to force to pay off someone else’s debt.”

Arkansas Attorney General Tim Griffin said: "With Independence Day fast approaching, another court has reminded President Biden that he is not a king. He can’t go around Congress and unilaterally cancel student loans. He should have learned that from Schoolhouse Rock!"

Kansas Attorney General Kris Kobach echoed his counterparts, saying in statement that the loan forgiveness plan is "not only unconstitutional, it’s unfair. Blue collar Kansas workers who didn’t go to college shouldn’t have to pay off the student loans of New Yorkers with gender studies degrees.”

The other states involved in the lawsuit are Florida, Georgia, North Dakota, Ohio and Oklahoma.

In their lawsuit, the states had asked the judge to declare that the program violated the separation of powers under the Constitution.

Ross said other aspects of the program, such as lowering monthly payments and limiting interest accrual, are benefiting borrowers and can continue, adding that the states that sued "have not shown that these provisions harm them."

In another blow to the administration's student debt relief plans, a federal judge blocked the Biden administration Monday from implementing parts of the program that are set to go into effect July 1.

U.S. District Judge Daniel D. Crabtree found that while Kansas and 10 other states that sued over the SAVE plan had not demonstrated irreparable harm from provisions already in effect, they had shown irreparable harm from forthcoming provisions. He granted their request for a preliminary injunction of aspects that have not yet been implemented. His order is set to go into effect Sunday night, allowing time for any appeals.

The 11 states had argued in their March lawsuit that the program violated the Constitution and the Administrative Procedures Act and that many of them suffered losses of state tax revenue because of the plan's provisions about student loan forgiveness.

White House press secretary Karine Jean-Pierre blasted the court rulings on Monday.

"We strongly disagree with today’s rulings on our SAVE Plan and the Department of Justice will continue to vigorously defend the SAVE Plan," she said in a statement. "It’s unfortunate that Republican elected officials and their allies have fought tooth and nail to prevent their constituents from accessing lower payments and a faster path to debt forgiveness — and that courts are now rejecting authority that the Department has applied repeatedly for decades to improve income-driven repayment plans."

In a separate statement, Education Secretary Miguel Cardona added that his department "has relied on the authority under the Higher Education Act three times over the last 30 years to implement income-driven repayment plans."

The Justice Department declined to comment on the rulings.

The Biden administration has forgiven significant amounts under the SAVE plan. Last month officials announced the approval of an additional $613 million in debt to be canceled for more than 54,000 borrowers under the plan.

The administration said last month that overall, 4.75 million people have benefited from debt cancellation actions and that it had approved $167 billion in loan forgiveness. The figures pertained to all administrative actions, not just the SAVE plan.

Zoë Richards

Zoë Richards is the evening politics reporter for NBC News.

Judge halts further student loan forgiveness under part of Biden's new repayment plan (2024)

FAQs

Judge halts further student loan forgiveness under part of Biden's new repayment plan? ›

Judge halts further student loan forgiveness under part of Biden's new repayment plan. The order from a federal judge in Missouri temporarily prohibits the Biden administration from canceling federal loans under the SAVE plan.

Is my student loan going to be forgiven? ›

If you have loans that have been in repayment for more than 20 or 25 years, those loans may immediately qualify for forgiveness. Borrowers who have reached 20 or 25 years (240 or 300 months) worth of eligible payments for IDR forgiveness will see their loans forgiven as they reach these milestones.

Is the save plan worth it? ›

The SAVE Plan has an interest benefit: If you make your full monthly payment, but it is not enough to cover the accrued monthly interest, the government covers the rest of the interest that accrued that month. This means that the SAVE Plan prevents your balance from growing due to unpaid interest.

How do I know if I qualify for student loan forgiveness in 2024? ›

If you're a longtime borrower who has been in repayment for at least 20 or 25 years, you could get automatic loan forgiveness by September 2024. This is the result of a one-time program called the IDR account adjustment.

What happens if you don't pay student loans? ›

If you default on your student loan, that status will be reported to national credit reporting agencies. This reporting may damage your credit rating and future borrowing ability. Also, the government can collect on your loans by taking funds from your wages, tax refunds, and other government payments.

Can I get my student loans forgiven after 20 years? ›

All borrowers on SAVE receive forgiveness after 20 or 25 years, depending on whether they have loans for graduate school. The benefit is based upon the original principal balance of all Federal loans borrowed to attend school, not what a borrower currently owes or the amount of an individual loan.

Are parent plus loans forgiven after 10 years? ›

Public Service Loan Forgiveness for Parent PLUS Loans

Parent borrowers may be eligible for Public Service Loan Forgiveness (PSLF) after making 120 qualifying payments (ten years). Parent PLUS loans are eligible if they are in the Direct Loan program or included in a Federal Direct Consolidation Loan.

Will student loans take my taxes in 2024? ›

Important note: As part of the Fresh Start Program, borrowers with eligible defaulted loans are receiving certain relief measures, including tax refunds (and child tax credits) not being withheld. This relief will continue through at least September 2024.

Why is my student loan payment $0? ›

Depending on your income and family size, your payment could be as low as $0. Your required monthly payment amount may increase or decrease if your income or family size changes from year to year. Use Loan Simulator to estimate your personalized monthly payment under different repayment plans, including IDR plans.

What are the downsides to the save plan? ›

But the SAVE Plan has some limitations: The plan doesn't have a cap on how high payments can be, so some people with incomes that are high compared to their loan balance would pay more on the SAVE Plan than they would on the Standard Repayment Plan.

How will I know if I am approved for student loan forgiveness? ›

Your student loan servicer(s) will notify you directly after your forgiveness is processed. Make sure to keep your contact information up to date on StudentAid.gov and with your servicer(s). If you haven't yet qualified for forgiveness, you'll be able to see your exact payment counts in the future.

Has President Biden announced his new student loan forgiveness plans? ›

President Biden, Vice President Harris, and the U.S. Department of Education have announced a three-part plan to help working and middle-class federal student loan borrowers transition back to regular payment as pandemic-related support expires. This plan includes loan forgiveness of up to $20,000.

Am I eligible for student loan forgiveness if I never graduated? ›

The Department of Education offers several student loan forgiveness programs. You may qualify for these programs even if you didn't graduate. The most popular and widely known forgiveness program is the Public Service Loan Forgiveness program, better known by its acronym PSLF.

Will not paying my student loans ruin my credit? ›

Being delinquent or defaulting on your student loans can negatively impact your credit.

Can you lose your house if you don't pay student loans? ›

When you fall behind on payments, there's no property for the lender to take. The bank has to sue you and get an order from a judge before taking any of your property. Student loans are unsecured loans. As a result, student loans can't take your house if you make your payments on time.

What happens if you never earn enough to repay student loans? ›

If you stop working, or start to earn below the repayment threshold, your repayments will stop until you earn over the threshold. You'll make a repayment if you go over the weekly or monthly threshold at any point during the year, for example, if you get a bonus or work overtime.

How to check your student loan forgiveness? ›

To check your Student Loan Forgiveness status, log in to your official StudentAid.gov account. Navigate to the loan information section, find your desired forgiveness program, and check for updates on eligibility and application statusborrowers for forgiveness.

Can private student loans be forgiven? ›

Private student loans are only forgiven when the borrower becomes permanently disabled or dies. Your relief options will depend on your lender and loan agreement. Contact your lender and discuss your financial situation before defaulting on your student loans.

What is the Save Plan July 2024? ›

SAVE Plan Highlights

And beginning in July 2024, borrowers with only undergraduate loans will owe monthly payments of no more than 5% of their non-exempt income. The SAVE Plan also stops your loan balance from growing.

How many years are 120 payments? ›

Because it will take at least 10 years for you to make the 120 qualifying payments necessary to receive PSLF, we have created a form that you should submit to us and a process that you should follow so that we can assist you in tracking your periods of qualifying employment and your qualifying payments.

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