Delaying retirement, putting off buying a home and having children, and losing faith in the promise of higher education: These are some of the consequences borrowers told Department of Education officials they face because of their student debt.\u00a0<\/p>\n
The borrowers shared their experiences with student loans as part of a virtual hearing Tuesday, kicking off the regulatory process for the Biden administration\u2019s second attempt at mass student-loan forgiveness.\u00a0<\/p>\n
\n
In June, the Supreme Court struck down President Joe Biden\u2019s plan to cancel up to $20,000 in student loans for borrowers earning less than $125,000. Hours after the court handed down its decision, Biden vowed to take another stab at mass student-debt forgiveness \u2014 but this second try will run through a process that takes at least several months. Tuesday\u2019s hearing, which provided an opportunity for the public to submit comments, marked the first major step in that undertaking.\u00a0<\/p>\n
Many of the borrowers who spoke during the hearing Tuesday urged the Department of Education to use its authority to broadly cancel student debt.\u00a0<\/p>\n
\u201cThere have been many times where this debt has felt like an albatross around my neck combined with indentured servitude,\u201d one borrower, who said his name was John Smith, told officials. He described how his original $65,000 student-loan balance had ballooned to roughly $99,000 after periods of job loss during the Great Recession, the pandemic and \u201clonger periods of low pay.\u201d\u00a0<\/p>\n
The borrower applauded the Biden administration\u2019s new plan to cut down on borrowers\u2019 monthly payments, saying it would help him afford his student-loan bill. Still, he said, \u201cmore action is necessary to ensure my fellow borrowers are able to be in a position where they can survive, where they can prosper.\u201d\u00a0<\/p>\n
A preview of potential obstacles<\/h2>\n
In addition to borrowers\u2019 stories, the hearing also provided a preview of the kind of obstacles the Biden administration might face in bringing a broad debt-cancellation policy to fruition. The debt-cancellation plan the Supreme Court struck down in June was based on the Department of Education\u2019s authority under the HEROES Act, a 2003 law that allows the agency to waive or modify student loans in the case of a national emergency.\u00a0<\/p>\n
The Biden administration argued the HEROES Act gave the Secretary of Education the power to cancel student debt in response to the pandemic. But the court\u2019s conservative majority said the debt-cancellation plan exceeded the power Congress granted the agency through the HEROES Act.\u00a0<\/p>\n
Biden\u2019s second attempt at mass student-debt relief is grounded in the Higher Education Act. That law, which governs the federal student-loan program, allows the Department of Education to \u201ccompromise, waive or release\u201d any right to collect on student loans. Advocates have urged the department for years to use that authority to cancel student debt.\u00a0<\/p>\n
During the hearing, some opponents of the Biden administration\u2019s initial debt-relief plan reiterated their opposition to mass student-loan cancellation, calling it illegal. Mark Chenoweth, the president and general counsel of the New Civil Liberties Alliance, which has been backed by the conservative Charles Koch Foundation, said of mass debt relief that \u201csuch gratuitous conduct is simply not the prerogative of the executive.\u201d\u00a0<\/p>\n
Karen Harned, the chief legal officer of the Job Creators Network\u2019s legal-action fund, said the organization doesn\u2019t believe in student-debt forgiveness \u201cexcept in some extreme outlier situations.\u201d\u00a0<\/p>\n
The Job Creators Network, an advocacy group founded by Bernard Marcus, the co-founder of Home Depot and a backer of former President Donald Trump, backed one of the lawsuits that made it to the Supreme Court challenging the Biden administration\u2019s initial debt-forgiveness plan. The court\u2019s justices threw out the suit in a unanimous decision, saying the plaintiffs \u2014 two student-loan borrowers who wouldn\u2019t have received the full benefit of the debt-cancellation plan \u2014 lacked standing, meaning the right to sue over the policy.\u00a0<\/p>\n
\u201cWhat the department is proposing today, we think, falls outside of the department\u2019s statutory authority under the Higher Education Act,\u201d Harned said Tuesday. She added that the rulemaking process \u201cwill result in more forgiveness that we think is illegal and once again will be challenged in the courts.\u201d\u00a0<\/p>\n
Advocates ask department to move quickly<\/h2>\n
As part of this second attempt at loan forgiveness, the Biden administration is going through a process called negotiated rulemaking. In the coming weeks, the Department of Education will convene stakeholders to discuss the agency\u2019s authority to cancel student debt under the Higher Education Act.\u00a0<\/p>\n
After those meetings, the department will release a proposed rule on debt cancellation. They\u2019ll take feedback from the public and, after analyzing it, release a final rule. Courts likely won\u2019t entertain any legal challenges to the plan until that process wraps up.\u00a0<\/p>\n
During the hearing Tuesday, advocates urged the department to consider including a diverse slate of borrowers at the negotiating table, including first-generation college students, borrowers with Parent PLUS loans and borrowers who never finished college. They also pushed the department to use as broad a reading as possible of its authority to cancel student debt under the Higher Education Act.\u00a0<\/p>\n
Braxton Brewington, the press secretary for the Debt Collective, a debtor activist organization that has been pushing for mass student-debt cancellation for more than a decade, called it \u201cridiculous \u2026 that borrowers should have to negotiate for debt relief with anyone.\u201d\u00a0<\/p>\n
\u201cAll student debt should be canceled; none of it should exist; education should be a right, not a privilege,\u201d he added.\u00a0<\/p>\n
Yael Shavit, the chief of the consumer-protection division for the Massachusetts attorney general\u2019s office, said, \u201cWe encourage the department to recognize the secretary\u2019s broad authority to cancel student debt under the Higher Education Act.\u201d\u00a0<\/p>\n
That sentiment is based in large part on her office\u2019s experience representing student-loan borrowers and witnessing \u201cthe suffering of countless individuals and families,\u201d she said, and \u201cthe failures of the student-loan system\u201d more broadly, which have resulted in borrowers facing obstacles when they try to access affordable repayment plans or debt forgiveness they\u2019re entitled to under the law.\u00a0<\/p>\n
Advocates also asked the Department of Education to move quickly with its student-debt-cancellation plan, given that payments, interest and collections on student loans are scheduled to resume this fall after a more than three-year pause. Biden administration officials have said they\u2019re moving as quickly as possible, but that it will take at least months for the negotiated-rulemaking process to play out.\u00a0<\/p>\n
\u201cWe are facing a disaster situation in which the student-loan system restarts for 40 million people without the relief that most of them are depending on and, frankly, feel that they deserve,\u201d said Cody Hounanian, the executive director of the Student Debt Crisis Center, an advocacy organization. \u201cWe are urging you, the Department of Education, to take immediate action to cancel student-loan debt. That relief should be comprehensive, and it should be accessible to all.\u201d\u00a0\u00a0<\/p>\n
Struggles to afford housing, food as student-loan payments resume<\/h2>\n
Virginia Spindler shared with officials the challenges her family, which includes her husband and multiple daughters, will face when student-loan payments resume.\u00a0<\/p>\n
\u201cWe took a break from payments during the pandemic out of necessity \u2014 survival, in fact,\u201d she said. \u201cWe celebrated every extension because we could breathe again,\u201d she added, referencing the pandemic-era payment pause that was extended several times. \u201cIf payments resume, our family may have issues with housing and food.\u201d\u00a0<\/p>\n
Spindler said during the hearing that her family has a combined $237,000 in student debt. It means that she and her husband, who are both in their mid-60s, will need to delay enjoying their golden years.\u00a0<\/p>\n
\u201cAt a time when most people are thinking of retirement, that won\u2019t be possible for us,\u201d Spindler said. \u201cWe will be paying on loans, it looks like.\u201d\u00a0<\/p>\n
An undercurrent running through many borrowers\u2019 comments was the way in which parents, counselors and the federal government pushed them toward higher education, while the promise of college these trusted sources touted remained elusive.\u00a0<\/p>\n
\u201cWhat parents don\u2019t want their children to graduate from a prestigious university?\u201d Spindler said while describing how her family wound up with so much student-loan debt. \u201cThough we were of modest means, we encouraged our youngest daughters to accept academic scholarships. \u2026 We sold our house to allow our daughters to go to school.\u201d\u00a0\u00a0<\/p>\n
During the pandemic, Spindler said, health challenges pushed her onto disability benefits and the family lost their savings. Now, in part because of their student debt, she and her husband can\u2019t think about buying another home or getting a decent car.\u00a0<\/p>\n
\u201cFamilies like ours are counting on help,\u201d she said.\u00a0<\/p>\n
Manuel Galindo, an organizer with the Debt Collective working on debt in the criminal-justice system, told officials that education was a top priority for his parents, who immigrated from El Salvador in the late 1980s.\u00a0<\/p>\n
\u201cMy father who has my same name cannot read or write,\u201d Galindo said. \u201cMy family instilled in me the need for education as a way to escape oppression.\u201d\u00a0<\/p>\n
But as he went through college, Galindo said, he started to realize that \u201cmy parents\u2019 dream of seeing me achieve a higher level of education was going to be tampered [with] by thousands and thousands of dollars of debt.\u201d\u00a0\u00a0<\/p>\n
Galindo, who said he has about $29,000 in student loans, urged the Biden administration to completely wipe out student debt. \u201cStop trying to stratify who deserves cancellation or not,\u201d he said.\u00a0<\/p>\n
Salvatore Conttone, a rising junior at American University, expressed a similar sentiment. He said the Pell grant, which the federal government provides to low-income students to attend college, allowed him to \u201cdream big.\u201d\u00a0<\/p>\n
Still, even with those funds, he\u2019s had to take on tens of thousands of dollars in federal student-loan debt. Recently, he\u2019s grown concerned about how that debt could impact his future. Now he\u2019s pushing the Biden administration to cancel student debt en masse.\u00a0<\/p>\n
\u201cIt is not just a financial decision,\u201d he said. \u201cIt is an investment in the mental health of an entire generation.\u201d\u00a0<\/p>\n<\/p><\/div>\n
Read the full article here<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"Delaying retirement, putting off buying a home and having children, and losing faith in the promise of higher education: These are some of the consequences borrowers told Department of Education officials they face because of their student debt.\u00a0 The borrowers shared their experiences with student loans as part of a virtual hearing Tuesday, kicking off […]<\/p>\n","protected":false},"author":1,"featured_media":37687,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"gallery","meta":{"footnotes":""},"categories":[236],"tags":[83],"class_list":["post-37686","post","type-post","status-publish","format-gallery","has-post-thumbnail","hentry","category-news","tag-featured","post_format-post-format-gallery"],"yoast_head":"\n
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