Today, the Legal Defense Fund (LDF) submitted public comment strongly opposing the U.S. Department of Education’s proposed changes to the Public Service Loan Forgiveness (PSLF) program. The letter explains that the Department does not have the legal authority to place new restrictions on PSLF, that the proposed changes unlawfully target non-profit organizations and local and state governments that do not align with the administration’s ideology, and the NPRM will disproportionately harm Black communities and students.
In the letter, LDF states that the U.S. Department of Education’s (ED) Notice of Proposed Rulemaking (NPRM) unlawfully ignores Congress’s clear intent in creating the PLSF program and creates several constitutional and legal concerns. The NPRM creates new restrictions that would make certain organizations and state and local governments ineligible for PSLF if they engage in activities with which the Secretary of Education disagrees. For instance, under the proposed rule, organizations that work with immigrants, condemn wars abroad, provide gender affirming care, advocate for racial justice, and engage in peaceful protest could be ineligible for PSLF.
“[LDF strongly urges] ED to withdraw the NPRM in its entirety and maintain the prior rules governing PSLF,” Senior Policy Counsel Ashley Harrington and Policy Counsel Ray Li write in the letter. “This rule does not make the PSLF program stronger. This NPRM targets non-profit organizations and state and local governments that carry out important missions and activities. There is no confusion as to how this rule will negatively impact this country, from its institutions to its public servants to the people that rely on important services from the very entities that this rule seeks to punish. It is also no secret that marginalized communities, especially Black communities, will bear the brunt of these harms.”
As the organization that spearheaded the litigation that resulted in the Supreme Court’s seminal ruling in Brown v. Board of Education, LDF has long advocated for equal opportunity in education to ensure every American can fairly participate in America’s multiracial democracy. LDF has defended fair lending and student loan forgiveness practices for Black communities, and continues to advocate for economic policies that aim to address the racial wealth gap.
Access LDF’s public comment here.
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Founded in 1940, the Legal Defense Fund (LDF) is the nation’s first civil rights law organization. LDF’s Thurgood Marshall Institute is a multi-disciplinary and collaborative hub within LDF that launches targeted campaigns and undertakes innovative research to shape the civil rights narrative. In media attributions, please refer to us as the Legal Defense Fund or LDF. Please note that LDF has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957—although LDF was originally founded by the NAACP and shares its commitment to equal rights.
