GOP-led states sue Biden administration over student debt relief plan
Attorneys generals from Georgia, Missouri, Alabama, Arkansas, Florida, North Dakota and Ohio filed the lawsuit Tuesday
Sen. Mike Lee, R-Utah, discusses Biden's student loan handout plan and responding to the border crisis on 'Kudlow.'
Seven GOP-led states have filed a lawsuit challenging the Biden administration’s most recent student debt forgiveness plan, accusing the U.S. Department of Education (DOE) of taking steps to cancel loans beginning as early as this week.
The lawsuit comes nearly a week after the Supreme Court denied the Biden administration’s request to lift a block on the Saving on a Valuable Education (SAVE) plan, which is designed to ease the burden of student loan debt for millions of borrowers.
In a lawsuit filed Tuesday in a Brunswick, Georgia, federal court, attorneys general from Republican-led states, including Georgia and Missouri, took aim at a rule by the DOE proposed in April, which would provide for a waiver of federal student loan debts for about 27.6 million borrowers.
The attorneys claim in the lawsuit that they recently obtained documents showing the DOE instructed federal loan servicers to begin canceling hundreds of billions of dollars of loans as early as Tuesday or Saturday before the rule was finalized.
President Biden speaks during an event in Madison, Wis. (Daniel Steinle/Bloomberg via Getty Images / Getty Images)
The order could possibly lead to the overnight cancellation of at least $73 billion in loans, the attorneys said, followed by billions more in debt relief.
The attorneys argue the DOE does not have the authority to cancel the student loan debt.
"We successfully halted their first two illegal student loan cancelation schemes; I have no doubt we will secure yet another win to block the third one," Missouri Attorney General Andrew Bailey said in a statement.
Missouri Attorney General Andrew Bailey says that the DOE does not have the authority to cancel the student loan debt. (Bill Clark/CQ-Roll Call, Inc via Getty Images / Getty Images)
Joining Missouri and Georgia in the lawsuit are Alabama, Arkansas, Florida, North Dakota and Ohio.
A spokesperson for the U.S. Department of education declined to comment on the pending litigation, but said the department will continue to fight for borrowers across the country who struggle to repay their federal student loans.
"The Department remains committed to supporting borrowers and fighting for affordable repayment options and relief for those who qualify. We will continue to follow the law as we work to prepare for possible debt relief this fall, which would only be implemented after the proposed rules first introduced this spring are finalized," the spokesperson told Fox News Digital. "Already, the Department has approved $169 billion in relief for nearly 4.8 million Americans entitled to relief under various programs, including teachers, veterans, and other public servants; students who were cheated by their colleges; borrowers with disabilities; and more."
FOX Business has reached out to the White House.
This is the latest legal challenge to President Biden’s efforts to fulfill a campaign pledge and provide debt relief to millions of Americans who paid for their costly higher education using federal student loans.
In a previous effort, Biden introduced SAVE after the Supreme Court struck down his proposed student loan forgiveness plan. The White House said that the SAVE plan could lower borrowers' monthly payments to zero dollars, reduce monthly costs in half and save those who make payments at least $1,000 yearly. Additionally, borrowers with an original balance of $12,000 or less will receive forgiveness of any remaining balance after making 10 years of payments.
As college students around the country graduate with a massive amount of debt, advocates display a hand-painted sign in June on the Ellipse in front of The White House to call on President Joe Biden to sign an executive order to cancel student loan d … (Paul Morigi/Getty Images for We The 45 Million / Getty Images)
Legal challenges from Republican-led states resulted in a temporary block of the program until the litigation concluded. The 8th Circuit Court of Appeals issued a preliminary injunction blocking the SAVE student loan repayment plan.
The block prevents the DOE from offering the plan while litigation continues.
In the meantime, borrowers enrolled in the SAVE Plan are being moved into forbearance while the Biden administration defends the plan in court.
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The appeal from the administration is separate from a lawsuit brought against the income-contingent SAVE Act by Alaska and other states in another appeals court.
An emergency request for an injunction to block the student loan forgiveness plan in that case is also pending at the Supreme Court.
Reuters contributed to this report.