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~ Research Service
The Biden Administration's One-Time
Student Loan Debt Relief Policy
Updated November 15, 2022
On August 24, 2022, invoking the HEROES Act of 2003, the Department of Education (ED) announced a
new one-time student loan debt relief policy (hereinafter, the policy) to address the financial harms
of the pandemic for low- and middle-income borrowers that is to make available up to $20,000 of loan
cancellation benefits per individual to millions of federal student loan borrowers. On October 21, 2022,
the U.S. Court of Appeals for the Eighth Circuit (hereinafter, the Eighth Circuit) issued an
administrative stay prohibiting ED from discharging student loans under the policy until the court ruled
on certain plaintiffs' motion for an injunction pending appeal. On November 14, 2022, the Eighth Circuit
subsequently issued an injunction prohibiting ED from discharging loans under the policy pending appeal.
In another case, on November 10, 2022, the U.S. District Court for the Northern District of Texas vacated
the policy on the grounds that the policy is not authorized under the HEROES Act.
The policy represents a departure from other types of student loan debt relief, which historically have
been available to borrowers on a more targeted basis and typically provide relief to individuals for
fulfilling employment requirements, for repaying their loans according to an income-driven repayment
plan, or following borrower hardships (e.g., total and permanent disability). These programs, to date, have
provided relief to hundreds of thousands of borrowers, but could ultimately provide relief to more. The
Administration's new policy is broader in scope and is to be available to millions of borrowers based on
limited eligibility criteria.
The Policy
Approximately 45 million borrowers owe over $1.6 trillion in federal student loan debt. Under the
cancelation policy, the Biden Administration plans to cancel:
  up to $10,000 in student loans for borrowers whose adjusted gross income (AGI) in 2020
or 2021 was less than $125,000 (for individuals or married borrowers who file their
federal income taxes separately), or $250,000 (for married couples filing jointly, heads of
households, or qualifying widow(er)s); borrowers enrolled in postsecondary education as
dependent students between July 1, 2021, and June 30, 2022, will be eligible for
cancellation based on parental AGI; and
Congressional Research Service
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CRS INSIGHT
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