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Killexams : Novell Administration information source - BingNews Search results Killexams : Novell Administration information source - BingNews Killexams : Biden administration to extend pause on student loan repayments

Student loan payment pause extended into 2023

Biden extends student loan payment pause amid legal challenges 01:37

The Biden administration is extending the pause on student loan payments until no later than June 30, 2023, as the administration's plan to forgive up to to $20,000 in loans is held up in court. President Biden announced the extension Tuesday in a video posted to the White House Twitter account. 

Student loan repayments were supposed to resume Jan. 1, 2023, for the first time since the COVID-19 pandemic began. But a federal appeals court has blocked the president's student loan forgiveness program, and the administration has asked the Supreme Court to reinstate their stalled plans. For now, the fate of the program remains unclear, with millions of borrowers in limbo.

The White House announced in August that Mr. Biden would be taking executive action to forgive $10,000 in loans for Americans making under $125,000 a year or $250,000 for married couples. Pell grant receipents are eligible for additional $10,000 to be forgiven. 

"I'm confident that our student debt relief plan is legal," Mr. Biden tweeted. "But it's on hold because Republican officials want to block it. That's why @SecCardona is extending the payment pause to no later than June 30, 2023, giving the Supreme Court time to hear the case in its current term."

Payments would restart 60 days after the Supreme Court decision or on June 30, whichever comes first. The Supreme Court has not yet said whether they will take the case. 

Since the Biden administration announced the plan, it has faced a number of legal challenges, and has been blocked by two federal courts. The White House has said that nearly 26 million Americans have applied for the program, and 16 million applications have already been approved. 

— Kristin Brown contributed to this report 

Tue, 22 Nov 2022 06:56:00 -0600 en-US text/html
Killexams : Biden administration considering migrant proposal mirroring Trump-era policy

Washington CNN  — 

The Biden administration is seriously considering an asylum proposal that would bar migrants from seeking asylum at the US-Mexico border if they could have received refuge in another country they passed through, mirroring Trump-era asylum limits, according to two sources familiar with discussions.

Officials are bracing for an influx of migrants trying to cross into the United States when the controversial public health authority, known as Title 42, ends in three weeks, and are weighing multiple plans to stem the flow of migrants.

The latest proposal, first reported by The New York Times, was included in a memo sent from the Department of Homeland Security to the White House, one of the sources said. The proposal has not received final approval and would still need to go through the rulemaking process before it is implemented, the source said.

But if adopted, it would be reminiscent of a policy put in place during the Trump administration that dramatically limited the ability of migrants to claim asylum in the US if they resided or traveled through other countries prior to coming to the US. At the time, the policy garnered wide condemnation from immigrant advocates.

“The administration is committed to continuing to secure our borders while maintaining safe, orderly and humane processing of migrants. This will remain the case when Title 42 is lifted. Press reports that indicate US policy will change are inaccurate; no such decisions have been made,” Marsha Espinosa, a DHS spokeswoman, said.

CNN previously reported that the Department of Homeland Security is preparing for multiple scenarios, including projections of between 9,000 to 14,000 migrants a day who may attempt to cross the US southern border when a Trump-era border policy ends in late December, more than double the current number of people crossing.

Title 42 was invoked at the onset of the coronavirus pandemic and has been fiercely criticized by immigrant advocates and public health experts who argue the authority has been used as a pretext to largely bar migrants from entering the country.

Border authorities used the public health restrictions to expel migrants nearly 2.5 million times in less than three years. But last month, a federal judge struck down the restrictions. US District Judge Emmet Sullivan put his ruling on hold until midnight on December 21.

DHS officials are pulling from border plans released over the spring to prepare for the end of Title 42, including, for example, considering additional soft-sided facilities to process migrants.

The department is also accelerating asylum processing times, doubling down on anti-smuggling operations and coordinating with partners in the Western hemisphere, according to an administration official.

Fri, 02 Dec 2022 04:38:00 -0600 en text/html
Killexams : Funding school libraries is a preemptive move against misinformation
Courtesy: Lisa Cheby

Verdugo Hills High School Library

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As society works to curb the spread of misinformation, we need to be clear that this is an information literacy crisis. While holding social media companies accountable for disseminating misinformation is valid and important, it’s equally critical to examine why Californians have divested from school library programs, the key resource for literacy instruction for young people.

In 2010 the California Department of Education deemed navigating the rapidly changing world of information so important they adopted the Model School Library Standards. The California Commission on Teacher Credentialing recognizes teacher librarians, who are required to hold a library and media services credential in addition to a prerequisite teaching credential, as the experts trained to teach these standards.

The Model School Library Standards include skills such as distinguishing source types, identifying bias, tracing claims to original sources, and using critical thinking to determine if and how a source should be used to meet an information need. Unless explicitly taught, students do not naturally know the difference between types of sources or how to discern bias.

This is further complicated when everything is accessed through a browser. Gone are the physical clues — the glossy and affordable price of a magazine versus the austerely formatted and pricey academic journal versus the smudgy ink of a daily newspaper — that cue us on what kind of source we are reading and how we should adjust our reading strategies to fit what we know about that source.

Teacher librarians empower students with tools to be discerning users and creators of information. Teacher librarians provide access to diverse and relevant collections (print and digital) and support self-selected reading, an essential element in increasing literacy. Students with access to library instruction understand that facts (which are constant) may be used to support opposing agendas depending on the bias of the author or publication, learn to investigate claims and biases to verify claims, and use a variety of sources to draw their own conclusions. In short, teacher librarians reduce people’s vulnerability to misinformation.

Despite evidence linking the presence of a teacher librarian to student success, during the rise of social media as an information source, funding and staffing for school libraries in California declined. In 2009 the move from block grants to a categorical funding model eliminated designated funds for school libraries. In California, the number of full-time teacher librarians consistently fell between 2010 and 2019.

As accessibility of information online grew, the idea that libraries were no longer relevant spread like misinformation. The myth that students would no longer want to read print books went hand in hand with the myth that digital natives did not need digital or information literacy instruction.

In 2011 Los Angeles Unified School District cut teacher librarian positions and put teacher librarians on trial to defend their competency as teachers. According to the district’s logic, since teacher librarians are not assigned rosters there is no evidence of their genuine teaching. In actuality, teacher librarians do not have rosters because they must be available to provide library instruction to all classes through library visits. In the end, libraries were shuttered, and their inventories were left unused and unmaintained, resulting in the self-fulling prophesy of libraries filled with outdated and irrelevant books and a generation of students denied access to information and instruction from credentialed teacher librarians.

As a teacher librarian I witnessed students, after library research instruction, opt to use subscription databases because they crave reliable, accurate information. Library instruction units consistently yielded increases of 5 to 15 percentage points in class median scores on information literacy assessments. Students’ use of evidence and ability to cite sources in their writing improved after library instruction. After graduating, one student returned to thank his teacher for scheduling library lessons as he was the only one in his college class who knew how to use the library to find the articles required for an assignment.

Strong school libraries are necessary for a well-functioning democracy.

We will never fully eliminate fake news, misinformation or propaganda, just as we will never eliminate workplace gossip, but we can better prepare our citizens to navigate the vast amount of information available by providing adequate instruction through strong school library programs. Ask your elected officials, from the school board to the state Legislature, to support reviving strong school library programs. Ask your neighborhood schools if there is a credentialed teacher librarian in the library. Ask your Congress members to support the Right to Read Act.

It is here, in school libraries, where we can build a defense against fake news.


Lisa Cheby is the Dr. Karin J. Duran and Richard Nupoll Education Librarian at California State University, a National Board certified teacher librarian, and the vice president of government relations for the California School Library Association.

Do you count on EdSource’s reporting daily? Make your donation today to our year end fundraising campaign by Dec. 31st to keep us going without a paywall or ads.

Tue, 06 Dec 2022 09:59:00 -0600 en text/html
Killexams : Biden administration unveils dashboard to track nonfatal drug overdoses

The Biden administration is rolling out a new tool meant to help prevent drug deaths: a nationwide database that tracks nonfatal overdoses.

The dashboard, known as the Non-Fatal Opioid Overdose Surveillance Tracker, will offer fresh insights about overdose rates, the drug supply, and the effectiveness of local emergency response efforts, the White House said.

If effective, the tool could help fill a major information gap. In most of the country, it isn’t known exactly how many people experience drug overdoses but survive — making it difficult to steer resources to specific cities or neighborhoods that need them most.


“Experiencing a nonfatal overdose is one of the most important predictors of a future fatal overdose,” said Rahul Gupta, the director of the White House Office of National Drug Control Policy. “The new nonfatal opioid overdose dashboard allows us to provide first responders, clinicians, and policymakers with real-time, actionable information that will Excellerate our responses and ultimately save lives.”

The dashboard will display data from as recently as two weeks ago, Gupta said, making it the most current and comprehensive estimate of drug overdoses available. Currently, the Centers for Disease Control and Prevention provides estimates of drug overdoses with roughly a six-month lag.


The system will use reports submitted by local emergency response departments to a database housed at the National Highway and Traffic Safety Administration. Ann Carlson, the agency’s acting administrator, called the new tool a “treasure trove” of information derived from an existing database that nearly 95% of the country’s EMS agencies already submit data to voluntarily.

Gathering more precise data about nonfatal overdoses, Gupta said, represents a first step toward reaching more people experiencing addiction and at risk of overdose. Patients who survive an overdose, he said, are between two and three times more likely than the general public to eventually die from one.

Currently, however, estimates of nonfatal overdoses are scattershot at best. One latest survey from Tennessee showed that for every overdose death, there were eight hospital discharges for a nonfatal overdose — meaning the true ratio of nonfatal to fatal overdoses is far higher. It’s unclear, too, whether the ratio is roughly consistent across the U.S. or varies by location.

The tool will track four key metrics: the nonfatal opioid overdose rate, the average number of times first responders administer naloxone to each patient, EMS response time, and the percentage of overdose victims who aren’t transported to a medical facility for additional care.

During a call with reporters on Wednesday, Gupta said the dashboard will “allow us to know, and for local first responders to know, where these overdoses and poisonings are happening, and how to not only administer naloxone but also make sure there’s a timeliness in response.”

He acknowledged, however, that the tool does have limitations.

In particular, the tool will only capture opioid overdoses that involve 911 calls. Instances of drug poisoning involving methamphetamine, among other substances, would not be included — nor would opioid overdoses where an individual is revived by a friend or family member.

STAT’s coverage of chronic health issues is supported by a grant from Bloomberg Philanthropies. Our financial supporters are not involved in any decisions about our journalism.

Get your daily dose of health and medicine every weekday with STAT’s free newsletter Morning Rounds. Sign up here.

Wed, 07 Dec 2022 10:00:00 -0600 en-US text/html
Killexams : Biden administration extends payment pause on student loan debt

President Joe Biden delivers remarks on protecting Social Security and Medicare and lowering prescription drug costs in Hallandale Beach, Florida, on Nov. 1, 2022.

Anadolu Agency | Anadolu Agency | Getty Images

The Biden administration on Tuesday announced that it will extend the payment pause on federal student loans until after June or when it's able to move forward with its debt forgiveness plan.

Federal student loan bills had been scheduled to resume in January.

The administration's move comes in response to a federal appeals court ruling last week that imposed a nationwide injunction on the debt relief plan.

"We're extending the payment pause because it would be deeply unfair to ask borrowers to pay a debt that they wouldn't have to pay, were it not for the baseless lawsuits brought by Republican officials and special interests," Education Secretary Miguel Cardona said in a statement.

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The pause will be extended until 60 days after the Biden administration is allowed to implement its student loan forgiveness plan and litigation is resolved, according to a press release by the U.S. Department of Education. If it can't proceed with its policy and the legal challenges are still unfolding by June 30, 2023, student loan payments will restart 60 days after that.

It's the eighth time the Education Department has extended the pandemic-era relief policy.

Federal student loan payments have been on pause since March 2020, when the coronavirus pandemic first hit the U.S. and crippled the economy. Resuming the bills for more than 40 million Americans will be a massive task, and the Biden administration had hoped to ease the transition by forgiving a large share of student debt first.

President Biden announces student loan debt relief plan

watch now

Yet not long after President Joe Biden announced his sweeping plan to cancel up to $20,000 in student debt for millions of Americans, a number of conservative groups and Republican-backed states attacked the policy in the courts. Two of these lawsuits have been successful in at least temporarily halting the relief, and the Education Department closed its loan cancellation application portal this month.

A top official at the Education Department recently said student loan default rates could dramatically spike if its loan forgiveness plan is thwarted, "due to the ongoing confusion about what they owe."

Biden tweeted about the extension Tuesday.

"I'm confident that our student debt relief plan is legal. But it's on hold because Republican officials want to block it," Biden tweeted.

"That's why @SecCardona is extending the payment pause to no later than June 30, 2023, giving the Supreme Court time to hear the case in its current term."

This is breaking news. Please check back for updates.

Tue, 22 Nov 2022 23:20:00 -0600 en text/html
Killexams : Biden administration to renew fight for more COVID funding with $10 billion request

The White House will return for another round of the fight for COVID-19 funding.

After multiple failed attempts this past winter and spring to secure more money to address the pandemic, the White House plans on requesting $10 billion during the lame-duck session of Congress before newly elected lawmakers begin in January, sources familiar with the discussions confirmed to ABC News.

It could potentially be one of the last chances for Democrats to receive additional COVID funding if there is a divided government next year, but it also comes at one of the lowest points of public concern over the entire pandemic. In a latest poll from Quinnipiac University that asked voters about the most urgent issues ahead of the midterms, only 1% said the pandemic.

The Washington Post first reported the impending request.

People familiar with the budget discussions told ABC News that that $10 billion request would go toward the "research and development of next-generation vaccines and therapeutics" -- which has been a major priority for the administration -- as well as research into long COVID and global efforts to combat the virus.

There would also be some money set aside for combating other infectious diseases, these people said.

"While COVID-19 is no longer the disruptive force it once was, we face new subvariants in the U.S. and around the world that have the potential to cause a surge of infections, hospitalizations, and deaths—particularly as we head into the winter months, a time when viruses like COVID spread more quickly," one person familiar with the discussions said in a statement.

PHOTO: President Joe Biden receives the latest Covid-19 booster shot in the South Court Auditorium of the Eisenhower Executive Office Building, next to the White House, in Washington, Oct. 25, 2022.

President Joe Biden receives the latest Covid-19 booster shot in the South Court Auditorium of the Eisenhower Executive Office Building, next to the White House, in Washington, Oct. 25, 2022.

Saul Loeb/AFP via Getty Images, FILE

"That means an urgent need for additional COVID-19 funding remains to help us stay on our front foot against an unpredictable virus with the tools we know work to protect the American people against COVID-19," the source continued.

The push for more COVID funding first began in March, when the White House requested $22.5 billion from Congress and said it was running out of money to buy tests, treatments and vaccines.

But Republicans stonewalled the effort, skeptical of how Democrats had spent the billions in COVID aid that had already been allotted. Texas Sen. John Cornyn and others linked such efforts to high inflation.

"The problem is they want to keep spending more money and throw more gasoline on the inflation fire,” he said in September. “I think that’s a bad idea.”

Some in the GOP also pointed to Biden's remark in a TV interview that the pandemic was "over."

"The president saying the pandemic is over is ... just kind of mind-boggling," Louisiana Sen. Bill Cassidy, who previously worked as a doctor, said in September. "He wants tens of billions for COVID and he says the pandemic is over?"

PHOTO: President Joe Biden holds a news conference in Bali, Indonesia, Nov. 14, 2022.

President Joe Biden holds a news conference in Bali, Indonesia, Nov. 14, 2022.

Kevin Lamarque/Reuters

Republican Sens. Mitt Romney and Richard Burr, some of the only conservative allies in Congress on the COVID funding cause, worked on a deal that would've given the administration $10 billion by pulling from other programs, but that eventually fell apart. In June, the White House took matters into its own hands and moved $10 billion of already-allocated money away from certain COVID efforts so that the government could purchase new bivalent boosters -- the latest shots, which target the BA.4/5 subvariants -- and Paxlovid, an oral treatment that significantly reduces hospitalization and death.

This $10 billion, if granted, wouldn't necessarily be a replacement of those lost funds.

Instead, the White House would aim to fund new research and treatments that could keep the country ahead of the virus even as it mutates and changes.

Tue, 15 Nov 2022 10:06:00 -0600 en text/html
Killexams : Biden administration extends student loan payment pause to no later than June 2023

The Biden administration on Tuesday extended the pandemic-era federal student loan payment pause and interest accrual until no later than June 2023 while the administration faces legal challenges to its debt forgiveness plan.

“I’m confident that our student debt relief plan is legal. But it’s on hold because Republican officials want to block it,” President Biden said in a statement. “That’s why @SecCardona is extending the payment pause to no later than June 30, 2023, giving the Supreme Court time to hear the case in its current term.”

The pause was set to expire on Dec. 31 after Biden extended it in August around the same time he announced the student loan forgiveness program. At the time, the White House called that extension “one final time.”

The latest extension into next year will deliver the Supreme Court time to decide whether it will rule on whether the program can continue.

The payment pause will end “no later than June 30, 2023,” Biden said, because payments will resume 60 days after the Education Department is permitted to implement the program or the litigation is resolved, which should come before the end of June, when the Supreme Court term typically concludes. 

Loan payments were first put on hold in March 2020 under former President Trump at the start of the COVID-19 pandemic to deliver individuals relief from paying their student loan bills. The freeze has since been extended six times.

Biden’s long-awaited forgiveness program has stopped accepting applications after it was blocked by several court challenges.

The Biden administration on Friday urged the Supreme Court to clear one of the legal obstacles blocking its student debt relief program, as part of the administration’s broader legal effort to have the policy reinstated.

The administration is currently fending off two separate rulings issued over the past two weeks that have effectively halted Biden’s student loan forgiveness plan, which would deliver federal borrowers making less than $125,000 a year up to $10,000 in debt relief.  

That move came after a unanimous three-judge panel on the 8th Circuit halted Biden’s massive debt relief plan, which had already been blocked nationwide by a separate court ruling.

In an earlier legal development, a Trump-appointed federal judge in Texas invalidated the program, saying the presidential action unlawfully encroached on Congress’s power. 

The administration has vowed to fight the challenges. 

“We’re not going to back down though on our fight to deliver families breathing room,” Biden said in his announcement. “That’s why the Department of Justice is asking the Supreme Court of the United States to rule on the case. But it isn’t fair to ask tens of millions of borrowers who are eligible to relief to resume their student debt payments while the courts consider the lawsuits.”

More than 23 million people applied for student loan relief before the applications closed.

Student loan advocates called the extension announced on Tuesday a necessary step, but pushed the administration to fight back against the legal challenges.

“The least the Biden administration could do is not collect on a debt they promised they would cancel,” Braxton Brewington, spokesperson for the Debt Collective, said in a statement on Tuesday. “This pause extension is necessary, but also the bare minimum. What 45 million borrowers truly need is a Biden administration that won’t allow fringe lawsuits and right-wing courts to undermine economic relief that’s already been approved.”

Natalia Abrams, president of the Student Debt Crisis Center, applauded Biden for the move. 

“Too many borrowers, parents, and students have yet to recover from the financial harm caused by the pandemic and the possibility of a winter surge in COVID-19 cases is proof that this crisis is not over. Student debt cancellation is essential to helping borrowers recover from the pandemic, but it remains stuck in the courts,” she said in a statement.

Updated at 4:05 p.m.

Tue, 22 Nov 2022 01:39:00 -0600 en-US text/html
Killexams : Biden administration to make it easier to shed student debt in bankruptcy

The Biden administration said Thursday it will make it easier for student borrowers in financial distress to discharge their loans in bankruptcy. 

Currently, it's hard for people who declare bankruptcy to get their student debt erased, with debtors having to prove in a separate proceeding that paying their college loans would impose an "undue hardship." One study found that only 0.1% of people with student loans who filed for bankruptcy protection even tried to get their higher education debt discharged. 

Department of Justice officials said the new rules will make it easier for borrowers who didn't think they could get relief through bankruptcy to find out whether they can get their loans discharged. Typically, a court reviews the borrower's past, present and future financial circumstances to determine if the person is facing undue hardship. But under the new rule, the borrower will instead complete an attestation form, based on which the government will determine whether to recommend discharge. 

"Today's guidance outlines a better, fairer, more transparent process for student loan borrowers in bankruptcy," Associate Attorney General Vanita Gupta said in a statement. "It will allow Justice Department attorneys to more easily identify cases in which we can recommend discharge of a borrower's student loans."

The government's overhaul of the process comes amid several setbacks in the Biden administration's plan to forgive up to $20,000 in student debt per borrower. Two courts have now blocked that plan, and as a result the Department of Education has stopped taking applications for debt relief. Before the application was shut, about 26 million people had applied for forgiveness. 

It's unlikely the new bankruptcy guidelines for student debt will create a surge in discharge attempts because borrowers still have to prove they are in financial distress to qualify, noted Jaret Seiberg, an analyst with Cowen.

"This is not going to open the door for mass discharge of federal student loans in bankruptcy," Seiberg wrote in a research note. "Borrowers must still demonstrate an undue hardship to get relief. It is not enough to just file for bankruptcy."

Under the new rules, the government will calculate a borrower's expenses against their income. If the expenses are equal or higher than income, the government will determine that the borrower lacks a present ability to pay. 

Next, the government will judge whether that inability to pay is likely to continue in the future, taking into account age, disability, chronic injury, unemployment history or a lack of a degree, the Biden administration said. About 40% of borrowers are people who enrolled in college but didn't graduate

Fri, 18 Nov 2022 03:27:00 -0600 en-US text/html
Killexams : Student debt forgiveness is on hold for now—here's why it's blocked and what could happen next

After appearing to clear a number of other legal hurdles, President Joe Biden's student debt forgiveness plan has been blocked.

Last week, a federal district court in Texas issued a ruling calling the plan "unconstitutional," which the Department of Justice has already appealed on Biden's behalf. And on Monday, addressing a separate lawsuit, the 8th Circuit Court of Appeals continued an existing pause on the relief while it considers the plaintiff's arguments. 

The bottom line for borrowers: You probably won't be seeing your debt balances reduced as soon as the president had said. The administration maintains its legal authority and says it's continuing to fight for borrowers, but many questions remain as to what comes next.

What are the lawsuits about?

Plaintiffs in the Texas case are two individuals — backed by conservative organization Job Creators Network Foundation — who allege the forgiveness plan unfairly excludes them and therefore shouldn't be allowed.

The other suit, officially known as Nebraska v. Biden, comes from a group of six states — Nebraska, Missouri, Arkansas, Iowa, Kansas and South Carolina — that claim the forgiveness would hurt them in the form of lost tax revenue. 

Despite the surface differences, both suits are essentially arguing the same thing, says Abby Shafroth, an attorney at the National Consumer Law Center. "They're effectively challenging that the Biden administration has gone beyond the authority that Congress granted them within the HEROES Act," she tells CNBC Make It.

What does this mean for borrowers who applied for forgiveness?

Essentially, more waiting. The administration says it's holding onto the 26 million applications it has already received for forgiveness, adding that 16 million of those have already been approved and forwarded to loan servicers.

There's nothing more borrowers can do but wait for a final decision. Many expect the Supreme Court will eventually have to get involved. That outcome becomes less likely if both the circuit courts agree. 

If the president's appeal in Texas is successful, it's likely the plaintiffs will escalate the case to the Supreme Court or vice versa.

"It's really hard to say at this point what the trajectory is going forward, time-wise, but we're encouraged that the administration has appealed," Persis Yu, a student loans expert and deputy executive director of nonprofit advocacy organization Student Borrower Protection Center, tells CNBC Make It.

"We think that there's other steps that the administration needs to be doing to protect borrowers and to protect this debt relief, but it's a good step."

Could the legal battles have been avoided?

Some debt forgiveness proponents argue that Biden could have chosen a different method or legal justification to provide relief to borrowers that wouldn't have been met with such fierce legal challenges.

But many lawyers and legal experts have met the judges' rulings with skepticism, saying their interpretations of the laws are wrong.

Plaintiffs for both lawsuits struggled to win the favor of the lower courts that challenged their standing. And Yu adds these weren't "liberal courts" that might otherwise be accused of partisanship for siding with the president.

"I think it is pretty notable that every other court who has considered this has reached a different conclusion," Yu says of the ruling in Texas. "I think that speaks more to the judge than it does to the legality of the issue, but this is in a broader context that we've seen the court systems being politicized."

Though student debt affects people from both sides of the political aisle, support for the government action to ease the burden on borrowers routinely falls along party lines, with Democrats around twice as likely to support debt forgiveness than Republicans.

The courts are supposed to be non-partisan. Still, federal judges are appointed by elected officials, and it so happens the judges striking down Biden's debt forgiveness were nominated by Republican presidents. Many commentators believe forgiveness has become less of a legal issue and more of a political debate.

"Most legal experts who have looked at this think that none of the parties who filed suit so far actually have standing," Shafroth says. "So none of these cases should be moving forward. They should all properly be dismissed if we're just looking at this as a black-and-white matter of the law."

How has the Biden administration responded to the block?

Aside from appealing in Texas, the president has not yet announced next steps for the debt forgiveness plan or other relief for borrowers.

The administration maintains it has legal authority and says it "will never stop fighting for hardworking Americans most in need — no matter how many roadblocks our opponents and special interests try to put in our way," according to a statement from White House Press Secretary Karine Jean-Pierre.

The administration has not otherwise announced a continuation of the payment pause that has been in effect since March of 2020. It is currently set to expire on December 31 of this year.

Unnamed officials inside the administration are considering extending the payment pause, the Washington Post reports. The discussions are preliminary, though, and not focused on an indefinite pause but rather another temporary hold.

Turning payments back on could undermine the administration's reasoning for forgiveness in the first place, Yu says.

"The whole premise of this debt relief, as they laid out in their briefing, was that this debt relief program is designed to alleviate the burdens of restarting a repayment plan," she says. "It seems like you would have to extend the payment pause so that the administration can figure out the pathway to get this relief to borrowers."

When asked for comment, the Department of Education referred CNBC Make It to a statement from U.S. Secretary of Education Miguel Cardona, which makes no mention of the payment pause. The Department of Education declined to comment on whether the payment pause would continue.

What will happen if the pause isn't extended?

Federal loan borrowers would see their student debt reduced by up to $20,000 under Biden's plan. But the move could also lower their monthly payments. The administration "laid out significant economic analysis to show that restarting repayments will result in higher delinquency and default rates," Yu says.

With just over a month before payments are scheduled to resume, borrowers who were already struggling financially may be forced to scramble to make room for student loans in their budgets.

"We do think that it would be a catastrophic number of borrowers who would default and then, given the consequences, I think we would see a huge impact for a lot of folks on their ability to meet their basic economic necessities," Yu says.

Advocacy groups, including Yu's, have called on Biden to extend the payment pause at least while the legal challenges play out. Some say Congress could step in to help borrowers, too.

"If you look at the opinions both in Texas and 8th Circuit, they're looking for ... a clear mandate from Congress that the Department of Education would be authorized to forgive these loans," says Rebecca Natow, a higher education education policy expert and assistant professor of educational leadership and policy at Hofstra University.

Getting that Congressional approval wouldn't be an easy task. It would be easier with the House and Senate controlled by Democrats, however, as both chambers will be at least through the end of this year.

"I think it's a possibility that Congress can act to deliver the Biden administration authority," says Natow.

Will the issue make it to the Supreme Court?

It's certainly possible. If both circuit courts agree on the legality of the forgiveness plan, Shafroth says it's less likely the Supreme Court would weigh in unless the Justice Department appealed those outcomes. 

Alternatively, if one court finds the plan unlawful but the other court disagrees, the highest court may have to settle the dispute. 

"They would want to resolve that inconsistency so that there's one clear rule for the whole country," Shafroth says. The 8th Circuit Court's decision to keep the block on debt forgiveness for now adds to the likelihood of a Supreme Court case, she says.

"The fact that these cases are moving beyond standing certainly makes it more likely that at least one case will ultimately reach the Supreme Court, but it's still too early to say," Shafroth says.

The Supreme Court has so far declined to hear other suits regarding Biden's debt forgiveness, but it has not yet thoroughly reviewed the plan on its legal merits.

What if I didn't apply for forgiveness yet? 

Wed, 16 Nov 2022 00:59:00 -0600 en text/html
Killexams : Biden administration asks Supreme Court to let student debt relief program go forward

CNN  — 

The Biden administration asked the Supreme Court on Friday to allow its controversial student loan debt relief program to go into effect while legal challenges play out across the country.

The program promises to deliver up to $20,000 of debt relief for millions of borrowers, but has been on hold after lower courts blocked it nationwide.

About 26 million people had already applied to the program by the time a federal judge froze it on November 10, prompting the government to stop taking applications. No debt has been canceled thus far.

After receiving the government’s brief, the Supreme Court asked the plaintiffs for a response by noon on Wednesday, November 23.

An “erroneous injunction” from a federal appeals court, Solicitor General Elizabeth Prelogar told the Supreme Court, “leaves millions of economically vulnerable borrowers in limbo, uncertain about the size of their debt and unable to make financial decisions with an accurate understanding of their future repayment obligations.”

Government lawyers say that President Joe Biden acted in order to address the financial harms of the pandemic and “smooth the transition to repayment” in order to provide targeted debt relief to certain federal student-loan borrowers affected by the pandemic.

Payments on federal student loans are scheduled to restart in January after a yearslong pandemic pause.

The program is designed to aid borrowers who are at highest risk of delinquency or default. Once debt cancellation begins, the plan could offer up to $10,000 in student loan debt relief to eligible borrowers making less than $125,000 ($250,000 per household.)

In addition, borrowers who received a Pell grant can receive up to $20,000 in relief.

The authority exists under the Higher Education Relief Opportunities for Students Act of 2003, or the HEROES Act, the administration says. It argues the law exempts the government from otherwise applicable procedural requirements, including notice-and-comment rulemaking.

“Because borrowers who default on their student loans face severe financial consequences – including wage garnishment, long-term credit damage, and ineligibility for federal benefits – Congress specifically authorized the Secretary (of Education) to waive or modify any applicable statutory or regulatory provision as he deems necessary to ensure that borrowers affected by a national emergency are not worse off in relation to their student loans,” Prelogar wrote in Friday’s filing.

The dispute at hand is brought by a group of states, led by Nebraska, who argue that the student loan debt relief plan violates the separations of power and the Administrative Procedure Act, a federal law that governs the process by which federal agencies issue regulations.

The Biden administration stresses that the challengers can’t show the legal injury necessary to bring the case to court.

But if the challengers survive that threshold issue, several conservative justices might be interested in the merits of the dispute concerning whether a federal agency has the authority to issue such broad relief. In the past, conservatives on the Supreme Court have looked skeptically at the so-called administrative state which, they say, violates the separation of powers.

A district court held that the states didn’t have the legal right or “standing” to prevail, but the 8th US Circuit Court of Appeals reversed, issuing a nationwide injunction blocking the program. It relied on the “irreversible impact” the debt forgiveness action would have and the fact that the collection of student loan payments, as well as accrual of interest on student loans would otherwise be suspended while the legal challenges play out.

A separate challenge is also percolating in federal courts brought by two individual borrowers – Myra Brown and Alexander Taylor – who are not qualified for full debt relief forgiveness and who say they were denied an opportunity to comment on the secretary of education’s decision to provide targeted student loan debt relief to some.

This story has been updated with additional details.

Fri, 18 Nov 2022 03:23:00 -0600 en text/html
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