Under Secretary Betsy DeVos, the Department of Education has twice delayed implementation of the Borrower Defense Rule, a 2016 regulation designed to help students who have been defrauded by for-profit educational institutions discharge their federal student loans. In our amicus brief supporting borrower and state challenges to the delays, we argue that the Department violated the Administrative Procedure Act by arbitrarily disregarding the harms that the delays impose on student borrowers.
We also submitted a comment letter to the agency regarding the second delay.