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In reply to the discussion: Did Rep. Tlaib [View all]LetMyPeopleVote
(145,231 posts)66. No, Biden Can't Forgive Student Loans By Executive Order
This has been discussed. The legal issue is clear and Biden cannot forgive student loans in the real world by executive order.
https://upload.democraticunderground.com/100216173134
President Biden does not have the power to cancel student debt
Link to tweet
Advocates of debt cancelation by executive order point out that the Higher Education Act gives the Secretary of Education power to enforce, pay, compromise, waive, or release any right, title, claim, lien, or demand, however acquired. This provision would seem to give the Secretary broad power to cancel student debt.
But as financial aid expert Mark Kantrowitz notes, another part of the statute limits the secretarys authority. He only has the power to cancel obligations owed to the U.S. government in the performance of, and with respect to, the functions, powers, and duties, vested in him by this part.
In other words, the Secretary of Education only has the power to forgive student debt when Congress gives it to him.
When President Biden has canceled student debt, it has always been under the authority of a specific program authorized by Congress. Borrower defense is one example: Congress gives the Secretary of Education authority to cancel debt after instances of outright fraud. Congress also allows the secretary to cancel debt when borrowers experience a total and permanent disability. Borrowers who work in public service for ten years can also receive a loan discharge.
In each of these circumstances, Congress created a specific provision for loan cancelation, and required borrowers to meet certain conditions before receiving forgiveness. If the Secretary really had the broad authority to cancel student loans whenever he saw fit, Congress wouldnt need to create specific programs such as Public Service Loan Forgiveness. The very existence of those programs proves the limits of the executive branchs authority.....
The debate over whether the President Biden can cancel student debt with the flick of his pen is a distraction. He cant, but there are better solutions on the table. Congress and the Department of Education should work together to put them into practice.
But as financial aid expert Mark Kantrowitz notes, another part of the statute limits the secretarys authority. He only has the power to cancel obligations owed to the U.S. government in the performance of, and with respect to, the functions, powers, and duties, vested in him by this part.
In other words, the Secretary of Education only has the power to forgive student debt when Congress gives it to him.
When President Biden has canceled student debt, it has always been under the authority of a specific program authorized by Congress. Borrower defense is one example: Congress gives the Secretary of Education authority to cancel debt after instances of outright fraud. Congress also allows the secretary to cancel debt when borrowers experience a total and permanent disability. Borrowers who work in public service for ten years can also receive a loan discharge.
In each of these circumstances, Congress created a specific provision for loan cancelation, and required borrowers to meet certain conditions before receiving forgiveness. If the Secretary really had the broad authority to cancel student loans whenever he saw fit, Congress wouldnt need to create specific programs such as Public Service Loan Forgiveness. The very existence of those programs proves the limits of the executive branchs authority.....
The debate over whether the President Biden can cancel student debt with the flick of his pen is a distraction. He cant, but there are better solutions on the table. Congress and the Department of Education should work together to put them into practice.
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She kept saying there should be a Working Families Party majority, elect WFP candidates,
betsuni
Mar 2022
#6
Used to be middle/working class when talking about inequality and now it's only working class.
betsuni
Mar 2022
#25
I really don't believe in attacking our progressives who are working hard for us.
Samrob
Mar 2022
#10
Tlaib said: "Despite some sensational coverage, it's simple: I'm giving a speech about supporting
Celerity
Mar 2022
#11
Pardon me, but I think it is wrong on both sides. I never said I agree with everything
Samrob
Mar 2022
#33
The Infrastructure Bill is an important achievement and was highlighted
question everything
Mar 2022
#35
I'm a Progressive, I want and believe in almost all progressive ideas but I worry
walkingman
Mar 2022
#12
They have a list of executive orders they think Biden can do, but I'm not confident
betsuni
Mar 2022
#29
There is nothing confusing about what candidate Biden said and then what President Biden affirmed
lapucelle
Mar 2022
#91
No. He did not answer the question at that presser, and there still is the ambiguity I laid out.
Celerity
Mar 2022
#93
Your New Yorker link goes to the very editorial written by candidate Biden that I cited in my post.
lapucelle
Mar 2022
#94
That memo needs to be released as they have been sitting on it for 11 months (or longer)
Celerity
Mar 2022
#105
Chuck Schumer tweets WEEKLY that Pres. Biden should use his executive authority
bigtree
Mar 2022
#40
so to your criticism, our Majority leader, who is doing the exact thing, is hurting the party?
bigtree
Mar 2022
#44
they haven't attacked anyone in advocating for the president to use his executive powers
bigtree
Mar 2022
#58
Whatever you want to call it, it wrongly demoralizes and depresses young voters.
W_HAMILTON
Mar 2022
#63
Biden has cancelled $15 billion of student loans during his first year in office.
lapucelle
Mar 2022
#92
And the point is...? Is the argument that President Biden should forgive $1,500,000,000 in debt owed
lapucelle
Mar 2022
#100
It takes away a priority issue for progressives that a challenger from his left could attack him on.
W_HAMILTON
Mar 2022
#62
Just to be clear, are you opposed to even the $10K in Student loan debt reduction IF Congress
Celerity
Mar 2022
#97
I think it is still very much up in the air whether he can or cannot use an EO. He has been
Celerity
Mar 2022
#99
I would imagine that it most certainly could be included in a reconciliation bill...
W_HAMILTON
Mar 2022
#107
I do not see these attacks, I see a tonne of powerful Dems asking for the memo to be released, and
Celerity
Mar 2022
#108
It contained a list of things the Working Families Party wants Democratic President Biden to do
lapucelle
Mar 2022
#90
'I didn't watch the speech, but here's a smear from someone who didn't watch the speech either'
bigtree
Mar 2022
#43
The Problem Solvers have a guy who was running bus trips to the Insurrection
BradAllison
Mar 2022
#54
I was very pleased with Colin Allred's speech on behalf of the Congressional Black Caucus
LetMyPeopleVote
Mar 2022
#68
Why hasn't Biden relased the memo he ordered the DOE to write as to whether he has the authority
Celerity
Mar 2022
#110
Speaker Nancy Pelosi says Pres. Biden does not have the power to forgive student loan debt
LetMyPeopleVote
Mar 2022
#112
She is not the sole determiner of that. You are ignoring the far greater number of Dem Senators
Celerity
Mar 2022
#113
Biden talked multiple times about across-the-board student debt loan relief (not narrowly targeted).
Celerity
Mar 2022
#118
None of the sources cited above supported the claim that Joe Biden promised to use executive power
LetMyPeopleVote
Mar 2022
#122
I am curious, what are the plans for the people who have paid off their debt.
LetMyPeopleVote
Mar 2022
#123
What would make anyone think that Kantrowitz is a "private student loan shill"?
lapucelle
Mar 2022
#124
I keep seeing demands that Joe Biden cancel student loans when we need legislation to do this
LetMyPeopleVote
Mar 2022
#126