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Multiple states launch lawsuit against Biden’s student-loan forgiveness plan

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Breaking Thursday, the states of Nebraska, Missouri, Arkansas, Kansas, Iowa, and South Carolina joined together to file a lawsuit against President Biden’s administration in order to stop the student loan-forgiveness program from taking effect.

“In addition to being economically unwise and downright unfair, the Biden Administration’s Mass Debt Cancellation is yet another example in a long line of unlawful regulatory actions,” argued the plaintiffs in their filing.

The attorneys general spearheading the legal challenge also submit that “no statute permits President Biden to unilaterally relieve millions of individuals from their obligation to pay loans they voluntarily assumed.”

Biden, however, has argued that he is able to unilaterally cancel student debt to mitigate the economic effects of the coronavirus pandemic. Specifically, writes National Review, a Department of Education memo released by his administration asserts that the HEROES Act,  which passed in 2003 and allows the secretary of education to provide student-debt relief “in connection with a war or other military operation or national emergency,” provides the legal basis for the cancellation.

But, National Review notes that the plaintiffs point out that Biden declared in a recent 60 Minutes interview that “the pandemic is over.”

The legal brief also adds:

“The [HEROES] Act requires ED [Education Department] to tailor any waiver or modification as necessary to address the actual financial harm suffered by a borrower due to the relevant military operation or emergency… This relief comes to every borrower regardless of whether her income rose or fell during the pandemic or whether she is in a better position today as to her student loans than before the pandemic.”

Moreover, they argue that the HEROES Act was designed to allow the secretary to provide relief in individual cases with proper justification.

The first lawsuit against Biden’s executive order came Tuesday from the Pacific Legal Foundation:

“The administration has created new problems for borrowers in at least six states that tax loan cancellation as income. People like Plaintiff Frank Garrison will actually be worse off because of the cancellation. Indeed, Mr. Garrison will face immediate tax liability from the state of Indiana because of the automatic cancellation of a portion of his debt,” wrote PLF in their own brief.

The state-led lawsuit was filed in a federal district court in Missouri, and asks that the court “temporarily restrain and preliminarily and permanently enjoin implementation and enforcement of the Mass Debt Cancellation,” and declare that it “violates the separation of powers established by the U.S. Constitution,” as well as the Administrative Procedure Act.

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Canadian-U.S. border illegal crossings up 240% over previous year

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The vulnerability of the northern border of the United States is being weaponized in the war on illegal migration. 2023 saw a 240% increase of individuals apprehended from just one year prior. Not only is the border with Canada significantly longer than its border with Mexico, but its ports of entry are often understaffed while the Customs and Border Protection (CBP) is forced to prioritize the southern surge.

According to recent data from U.S. Customs and Border Protection, in 2023 authorities halted over 12,000 migrants attempting illegal crossings at the Canadian border. The number is a 240% increase from the preceding year when 3,579 individuals were apprehended.

ADN America reports that approximately 70% of the illegal crossings took place along a 295-mile stretch along the northern New York, Vermont, and New Hampshire border called the Swanton Sector.

Chief patrol agent for the sector, Robert Garcia, posted on social media that the 3,100 individuals apprehended were from 55 different countries. 

Garcia wrote “the record-breaking surge of illegal entries from Canada continues in Swanton Sector” and he specifically mentioned that the arrest of 10 Bangladeshi citizens was prompted by a citizen’s report in Champlain, New York.

Surprisingly, ADN reports:

A significant number of those engaging in illegal crossings are Mexicans who exploit the opportunity to fly to Canada without a visa, also avoiding the presence of cartels in their home countries.

Experts suggest that migrants can purchase a $350 one-way plane ticket from Mexico City or Cancun to Montreal or Toronto. This route is perceived as offering a lower likelihood of being turned away compared to those crossing the southern border.

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