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Student Loan Debt. Can it be done without Congressional approval?

Marie Deary

Jul 13, 2023

Does President Biden have the power to forgive student loans?

Whether or not President Biden can forgive student loan debt without congressional approval is a matter of debate.


Some legal experts believe that the President does have the authority to forgive student loan debt under the Higher Education Act of 1965. The Act gives the Secretary of Education the authority to "waive, modify, or cancel" any provision of the Act, including the requirement that borrowers repay their student loans.


Other legal experts believe that the President does not have the authority to forgive student loan debt without congressional approval. They argue that the Higher Education Act does not specifically give the Secretary of Education the authority to forgive student loan debt, and that this authority must be granted by Congress.


The Supreme Court has not yet ruled on this issue, so it is unclear whether or not President Biden has the authority to forgive student loan debt without congressional approval.

If President Biden does decide to forgive student loan debt without congressional approval, it is likely that the issue will be challenged in court. It is also possible that Congress will pass legislation to prevent the President from forgiving student loan debt without their approval.


Only time will tell whether or not President Biden will be able to forgive student loan debt without congressional approval. However, it is clear that the issue is complex and there is no easy answer 

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