U.S. President Joe Biden has abandoned his previous efforts to seek some protections for transgender student athletes and cancel student loans for more than 38 million Americans. This was allegedly the first steps in an administration-wide plan to jettison pending regulations to prevent President-elect Donald Trump from retooling them to achieve his own aims.
The White House expects to pull back unfinished rules across several agencies if there isn’t enough time to finalize them before Trump takes office. If the proposed regulations were left in their current state, the next administration would be able to rewrite them and advance its agenda more quickly.
Even as the Biden administration moves to pull back the rules, it pushed ahead with cancellation through other avenues last 20 December. The Education Department said it was clearing loans for another 55,000 borrowers who reached eligibility through a program known as Public Service Loan Forgiveness, which was created by Congress in 2007 and expanded by the Biden administration.
As the pending Biden regulations are withdrawn, nothing prevents Trump from pursuing his own regulations on the same issues when he returns to the White House, but he would have to start from scratch in a process that can take months or even years.
"This isn’t the way I wanted it to end," said Melissa Byrne, an activist who has pushed for student debt cancellation. "Unfortunately, this is the most prudent action to take right now."
She blamed Republicans for putting the Biden administration in this position. "It’s a bummer that we have a GOP that is committed to keeping working-class Americans in debt," Byrne said.
The withdrawals are beginning as Washington braces for a potential government shutdown that could further complicate efforts by the Biden administration to tie up loose ends.
In documents withdrawing the student loan proposals, the Education Department insisted it has the authority to cancel the debt but sought to focus on other priorities in the administration’s final weeks. It said the administration would focus on helping borrowers get back on track with payments following the coronavirus pandemic, when payments were paused.
"The department at this time intends to commit its limited operational resources to helping at-risk borrowers return to repayment successfully," the agency wrote.
For the regulation on transgender students, the department said it was withdrawing the proposal because of ongoing litigation over how Title IX, the landmark law preventing sex discrimination, should handle issues of gender identity. In addition, the department said there were 150,000 public comments with a range of feedback, including suggestions for modifications that needed to be considered.
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