Washington Update

Biden’s SAVE Plan Stalled by Courts

Federal judges in Kansas and Missouri issued injunctions on the Biden Administration’s Saving on a Valuable Education (SAVE) income-driven repayment (IDR) plan this week declaring that the Administration lacked the authority to provide the numerous benefits the program offers to the more than 8 million student loan borrowers enrolled. The Administration has stated that it will appeal both rulings.

In the Kansas order, District Judge Daniel Crabtree issued a nationwide injunction on the parts of the SAVE plan that are scheduled to go into effect on July 1, such as reducing borrowers’ monthly payments to 5% of their discretionary income but refrained from ordering the unwinding of benefits already provided. This injunction is delayed until June 30 to give the Administration time to appeal.

In the Missouri order, District Judge John Ross enjoined any additional loan forgiveness under the SAVE plan, saying that the state of Missouri’s loan servicer, MOHELA, faces harm from the early loan forgiveness regulations that the Department of Education promulgated earlier this year. Ross declared that the other provisions issued under the final rule were carried out properly and within the purview of the Department. This order is effective immediately.

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