A public interest, Frank Garrison, attorney filed a lawsuit against the Department of Education, and called Biden Administrations’ student loan cancelation “illegal”. Frank Garrison is an attorney at Pacific Legal Foundation. The lawsuit filed Tuesday hopes to block the attempt to cancel $500 billion in student loan debt.
Biden recently announced his administration would be canceling $10,000 of federal student loan debt for those making less than $125,000, and Pell Grant recipients could be having up to $20,000 canceled.
Garrison qualifies for the congressionally authorized Public Service Loan Forgiveness program, meaning he will receive debt forgiveness after making 10 years of payments on his student loans.
Garrison and his attorneys are arguing that the Biden administration turning to the HEROES Act, which allows the government to modify loans to assist veterans and their families as needed during times of war or other national emergencies, is a “flimsy pretext for a major policy chance that Congress has declined to enact.”
“Congress did not authorize the executive branch to unilaterally cancel student debt,” said Caleb Kruckenberg, an attorney at Pacific Legal Foundation. “It’s flagrantly illegal for the executive branch to create a $500 billion program by press release, and without statutory authority or even the basic notice and comment procedure for new regulations.”
“CBO estimates that the cost of student loans will increase by about an additional $400 billion in present value as a result of the action canceling up to $10,000 of debt issued on or before June 30, 2022, for borrowers with income below specified limits and an additional $10,000 for such borrowers who also received at least one Pell grant,” the CBO said in a letter released Monday.
The Biden Administration came under fire for their decision to relieve student loans by many. While many, mainly those who still have to pay back student loans were happy with the Biden Administrations’ choice to cancel them, there were many who were not happy. Those who already paid back their college loans felt like they were left out of the deal, and some also believe that the decision to cancel $500 billion in student loans was just an attempt to buy voters – at the cost of an already struggling American economy.