Arizona sues Biden administration over student debt plan, becoming a seventh state to do so

Author: Yuvi September 30, 2022


Senate Majority Leader Chuck Schumer railed against Republican opposition to the White House’s student debt forgiveness plan during a press conference on Thursday.

He was joined by ‘Squad’ members Reps. Ayanna Pressley and Ilhan Omar and Rep. Mondaire Jones.

‘Those damn Republicans,’ the New York Democrat exclaimed earlier during the day.

‘They are bellyaching, you know, when anyone helps regular people. When they give tax cuts to the rich, they say they’re helping the middle class. When we help the middle class, they say we’re helping the rich.’

Later on Thursday evening, Republican opposition escalated even further when Arizona became the seventh state to sue the Biden administration over the student loan policy.

Republican Attorney General Mark Brnovich announced the lawsuit on Twitter hours after a joint legal challenge from Nebraska, Missouri, Arkansas, Iowa, Kansas and South Carolina.

‘This mass debt forgiveness program is fundamentally unfair, unconstitutional, and unwise,’ Brnovich said in a statement.

‘The question Americans need to be asking is why college costs so much in the first place.’

Brnovich is challenging the president’s authority to cancel up to $20,000 in federal student debt for Pell Grant recipients and $10,000 for others without legislative action from Congress.

Specifically, he’s taking issue with Biden’s use of a 9/11-era bill called the Higher Education Relief Opportunities for Students Act, which he used as the basis for the action.

Senate Majority Leader Chuck Schumer held a press conference early on Thursday where he was joined by Rep. Mondaire Jones and progressive ‘Squad’ members Reps. Ayanna Pressley and Ilhan Omar

Hours later, the Biden administration was slapped with its third lawsuit on the policy

Hours later, the Biden administration was slapped with its third lawsuit on the policy

‘The president attempts to stretch the HEROES Act to assert authority over all borrowers in the country, citing the COVID-19 pandemic as a national emergency and the entire United States as a disaster area,’ the Arizona Attorney General’s Office said in a press release .

‘The HEROES Act additionally requires that any action by the Department of Education to “modify or waive” loan requirements must ensure that borrowers are not placed in a worse position financially if not for the “national emergency.” However, several federal loan borrowers have not suffered in relation to their loans.’

The bill’s $400 billion price tag estimated by the Congressional Budget Office has also brought it under scrutiny.

Late on Thursday, the White House released its own estimate that shows the CBO wasn’t far off – despite administration officials’ attempts to downplay the figure.

Arizona Attorney General Mark Brnovich sued the White House over the student loan plan after a joint legal action by six other states earlier in the day

Arizona Attorney General Mark Brnovich sued the White House over the student loan plan after a joint legal action by six other states earlier in the day

Its internal estimates show the plan costing $379 billion over the course of the program, CNN reports, and $30 billion per year over the next 10 years.

It’s not clear if that figure factors in Biden’s latest backtrack on his progressive-endorsed student loan forgiveness plan.

The calculation comes as the administration quietly announced a change in its program on Thursday that could exclude up to 4 million borrowers with loans owned or backed by private companies.

The Education Department announced that privately-held loans won’t qualify for the relief plan.

The move was heckled by former Bernie Sanders adviser and progressive politician Nina Turner, who wrote on Twitter: ‘Un-canceling *some* student debt is bad policy.’

The scale back on Perkins and Federal Family Education Loans – which are bank loans backed by federal guarantees – is over concerns the companies could challenge the Biden administration in court, Politico reported.

They used to be a major component of federal student loans, but were stopped in 2010 after a major Obama administration overhaul shifted to direct government loans.

Nevertheless, about four million people still have FFEL loans, according to government data identified in the report. Forty-five million Americans owe student loans.

The Biden administration’s latest policy backtrack is likely to affect 770,000 people, an official told CNN.

The administration had initially allowed those with FFEL loans to reorganize so they were eligible to receive the $10,000 to $20,000 of relief per borrower.

The Biden administration has quietly announced a change in their student debt forgiveness program that could exclude four million borrowers after the first lawsuits were filed against the plan and following criticism of the huge costs to taxpayers

The Biden administration has quietly announced a change in their student debt forgiveness program that could exclude four million borrowers after the first lawsuits were filed against the plan and following criticism of the huge costs to taxpayers

But as of Thursday, those who hadn’t made the changes were no longer able to benefit.

The initial policy stated that FFEL and Perkins loans qualified.

The Department of Education guidance updated on Thursday stated: ‘As of Sept. 29, 2022, borrowers with federal student loans not held by ED cannot obtain one-time debt relief by consolidating those loans into Direct Loans.’

The Department is ‘assessing’ whether ‘there are alternative pathways to provide relief’ to these borrowers, and is ‘discussing this with private lenders,’ it said.

An Education Department spokesperson said: ‘Our goal is to provide relief to as many eligible borrowers as quickly and easily as possible, and this will allow us to achieve that goal while we continue to explore additional legally-available options to provide relief to borrowers with privately owned FFEL loans and Perkins loans, including whether FFEL borrowers could receive one-time debt relief without needing to consolidate .’

Experts told NPR that private banks who were subject to losing business could potentially sue to stop the loan forgiveness program by claiming they suffered harm.

The plan allows tens of millions of borrowers to wipe away $10,000 in student loan debt.  Pell grant recipients can get $20,000 in relief

The plan allows tens of millions of borrowers to wipe away $10,000 in student loan debt. Pell grant recipients can get $20,000 in relief

The first lawsuit against the program, filed this week, relied on a plaintiff who demonstrated harm by residing in one of six states where loan forgiveness is taxed like income – a move that will leave people on the hook for a tax bill even while saving thousands in debt.

The government has already countered that the program is voluntary, and the plaintiff can forego the $20,000 in relief.

A second suit, filed Thursday by six GOP-led states, challenges the program by citing President Joe Biden’s comment to ’60 Minutes’ that the pandemic is ‘over.’

Biden has used the pandemic multiple times to extend the March 2020 student loan moratorium first put in place by Donald Trump. He extended it a final time through the end of December to give people time to transition back to repayment.

Six Republican-led states SUE Biden to stop massive student loan forgiveness: Lawsuit uses his 60 Minutes ‘pandemic is over’ claim

Six Republican-led states filed suit in federal court Thursday trying to knock down President Biden’s plan to provide up to $20,000 to individuals in student loan relief – by citing the president’s own words calling the pandemic ‘over.’

The states are suing to halt the administration’s plan to forgive student loan debt for tens of millions of Americans, accusing it of overstepping its executive powers.

It’s at least the second legal challenge this week to the sweeping proposal laid out by President Joe Biden in late August, when he said his administration would cancel up to $20,000 in education debt for huge numbers of borrowers.

Another suit, filed Tuesday, relies on a plaintiff who is eligible for $20,000 in relief – but doesn’t want to get stuck with the tax liability for paying it off. Six states subject loan forgiveness to taxation.

The moves in the courthouse comes as the price tag of the plan is still coming into focus, with a new Congressional Budget Office estimate this week saying the plan to cancel student loan debt will cost $400 billion over a decade.

The loan announcement, after months of internal deliberations and pressure from liberal activists, became immediate political fodder ahead of the November midterms while fueling arguments from conservatives about legality.

In the lawsuit, being filed Thursday in a federal court in Missouri, the Republican states argue that Biden’s cancellation plan is ‘not remotely tailored to address the effects of the pandemic on federal student loan borrowers,’ as required by the 2003 federal law that the administration is using as legal justification.

They point out that Biden, in an interview with CBS’ ’60 Minutes’ this month, declared the Covid-19 pandemic over, yet is still using the ongoing health emergency to justify the wide-scale debt relief.

‘It’s patently unfair to saddle hard-working Americans with the loan debt of those who chose to go to college,’ Arkansas Attorney General Leslie Rutledge, who is leading the group, said in an interview.

She added: ‘The Department of Education is required, under the law, to collect the balance due on loans. And President Biden does not have the authority to override that.’

Arkansas Gov.  Leslie Rutledge and five other GOP-led states are suing

Arkansas Gov. Leslie Rutledge and five other GOP-led states are suing

The nonpartisan Congressional Budget Office says Biden's plan will cost America $400 billion over the next decade and the latest moratorium will increase loan debt by $20 billion

The nonpartisan Congressional Budget Office says Biden’s plan will cost America $400 billion over the next decade and the latest moratorium will increase loan debt by $20 billion

30 September, 2022, 7:24 am

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