Breaking Down Legal Questions on Biden's Student Loan Forgiveness Plan

Following President Biden’s announcement on August 24 that student loan borrowers with annual incomes of less than $125,000 would qualify for $10,000 in loan forgiveness, political speculators, legal scholars, and politicians have raised questions and cast doubts on the legality of the forgiveness program.

Biden’s student loan forgiveness plan cites the HEROES Act of 2003, enacted in the wake of the 9/11 terror attacks. According to a memo sent to Education Secretary Miguel A. Cardona from the Department of Education General Counsel, the HEROES Act gives the Secretary of Education “broad authority to grant relief from student loan requirements during specific periods (a war, other military operation, or national emergency, such as the present COVID-19 pandemic).” This same Act has been the legal justification for the ongoing pause of student loan payments that began in 2020 under former President Donald Trump.

Critiques of the loan forgiveness program have come from outlets across the spectrum, but most frequently from right- and center-rated sources. Apart from criticizing the economic and political impacts of student loan forgiveness, opponents of the program have questioned Biden's authority to grant this forgiveness without Congressional approval. Many have deemed the decision a misinterpretation and overreach of the power vested in the HEROES Act, with one writer for The Daily Wire (Right Bias) calling the legal justification “convoluted.” The decision is expected to be taken to court, however, questions remain on who has strong legal standing to challenge the program.