In the final days of his term, President Joe Biden announced the cancellation of federal student loan debt for more than 150,000 more borrowers.
The latest round of relief provides $1.26 billion for 85,000 individuals who attended schools that allegedly “cheated and defrauded their students;” $2.5 billion for 61,000 borrowers with total and permanent disabilities; and $465 million for 6,100 public service workers, the U.S. Department of Education said on Monday.
“I’m proud to say we have forgiven more student loan debt than any other administration in history,” Biden said in the statement.
Much of Monday’s relief is facilitated through a program called borrower defense, which allows students to apply for debt discharge if their colleges use misleading advertising or otherwise commit fraud.
The borrower defense provision has existed since 1995 but was rarely used until after 2015, when Corinthian Colleges, a prominent for-profit education chain, went out of business. The collapse prompted widespread complaints from former students burdened with large amounts of debt.
In response, the Education Department issued a rule in 2016 that established a formal process for borrowers to apply for loan discharges. In 2019, Education Secretary Betsy DeVos revised the rule to tighten eligibility criteria and limit the amount of relief that borrowers could receive, assuming they had gained at least some value from their education.
In 2022, the Biden administration finalized a new borrower-defense rule designed to provide full relief to borrowers who had received partial forgiveness under the DeVos-era policy. However, the rule has been put on hold since the summer of 2023, following a ruling by the U.S. Court of Appeals for the Fifth Circuit.
“The unbridled scope of these prohibitions enables the department to hold schools liable for conduct that it defines only with future ‘guidance’ documents or in the course of adjudication,” the judges wrote in their opinion. “Simply put, the statute does not permit the department to terrify first and clarify later.”
The Supreme Court has yet to say when it will hear oral arguments.