NASHVILLE, Tenn. (WTVF) — The future of President Biden's student loan forgiveness plan is uncertain after a federal judge in Texas blocked it as "unlawful."
The Biden administration has argued that Congress granted the Secretary of Education the power to dissolve student loan debt in a 2003 law known as the HEROES Act.
The Federal judge rejected that argument.
Matthew Everhart, like many others, is expected to pay back a lot in student loan debt.
"I would not want to say [the dollar amount of the debt], but [it's] about a year's wages," said Everhart.
Everhart said he was relieved when he heard President Joe Biden announce a plan to forgive federal student loan debt for those eligible.
"When I was 18 I didn't really know how much money I was borrowing. I just kind of was just like, that's the thing that you do after high school; you go to [college], and, you know... I'm paying the minimum payment on it now, but it's just never going down," Everhart said.
The Biden administration said that under the HEROES Act passed in 2003, Congress had already given the Secretary of Education the power to create a program providing student loan forgiveness in a time of national emergency, citing the COVID-19 pandemic.
But it wasn't long before the program landed in court after several lawsuits.
"Not surprised, not at all," said Mike, who didn't want to provide his last name.
The judge rejected the HEROES act argument, saying this law does not make it clear Congress can authorize a plan to move forward with a student loan forgiveness program.
"I think if it was legislated properly then it could’ve happened, but the president doesn’t have the authority to just take back loans like that," said Mike.
The U.S Department of Education said more than 26 million borrowers like Everhart have provided the information needed to process their applications for relief.
Sixteen million applications have been approved and sent to loan servicers to be discharged when allowed by the courts.
"If they really wanted to forgive everyone, why don't they just say it's for everyone? And then, yeah, it's kind of crushing that the day after the election, like, 'actually, no, you don't get forgiveness on that,'" Everhart said.
The Department of Justice said it will appeal the decision.
The measure was already on hold after the 8th Circuit Court of Appeals issued a temporary stay last month.
