WASHINGTON — President Joe Biden has decided to retract his initiatives aimed at safeguarding transgender student athletes and provide loan forgiveness for over 38 million Americans. This move is part of a broader strategy to dismantle pending regulations and minimize the chances of President-elect Donald Trump reshaping them to fit his agenda after taking office.
The White House plans to withdraw incomplete rules from various government agencies, given the limited time left before Trump’s inauguration. If the current proposals remain intact, the incoming administration could more easily modify them to promote its own policies.
Despite the decision to step back from specific regulations, the Biden administration advanced loan cancellations through other pathways on Friday. The Education Department announced it would erase loans for an additional 55,000 borrowers qualifying under the Public Service Loan Forgiveness program, which was enacted by Congress in 2007 and broadened by Biden.
While Biden’s anticipated regulations are being scrapped, there is nothing stopping Trump from enacting his own regulations on similar matters. However, he would be required to initiate a fresh process that might take extended periods of time to complete.
“This isn’t how I wished for this to end,” remarked Melissa Byrne, an activist advocating for student debt forgiveness. “Regrettably, this is the most rational course of action at this moment.” She attributed the current situation to Republican opposition, stating that it is unfortunate that the party seems dedicated to keeping working-class Americans in financial bondage.
These retractions come as Washington prepares for a potential government shutdown, which could further complicate Biden’s efforts to finalize his administration’s unfinished business. The Education Department, in documents outlining the cancellation of student loan proposals, confirmed its authority to eliminate student debt but opted to shift focus to other priorities during the final days of Biden’s tenure. The Department plans to assist borrowers in re-establishing their payment plans after a hiatus during the pandemic.
“In light of our current capabilities, the department intends to allocate resources toward effectively aiding at-risk borrowers in returning to repayment,” the agency stated.
Regarding the transgender student regulations, the Department indicated that it would withdraw these proposals due to ongoing legal cases evaluating how Title IX, which prohibits sex discrimination, should interpret gender identity matters. The agency received about 150,000 public comments containing diverse viewpoints, reflecting the need to carefully review all suggestions before proceeding.
Moreover, Karoline Leavitt, a spokesperson for Trump, criticized the administration for complicating governance. She asserted, “President Trump will not be deterred by these tactics and will exert all necessary power to reverse Biden’s actions while advancing his America First agenda.”
Legal expert Kate Shaw, who previously served in the White House counsel’s office during Barack Obama’s presidency, emphasized that it’s not uncommon for new administrations to alter the pace of rulemaking. She noted that while it’s typical for federal entities to rush to finalize regulations during transition periods, considerable time constraints can hinder this process. “If you haven’t begun early enough, it’s unlikely that you will complete it in time,” she stated.
An anonymous administration official explained that while the goals of the regulatory initiatives remain supported by the current administration, the path to fruition typically involves extensive legal assessments and public consultations. Federal agencies are currently evaluating which regulations should be completed and which ones should be withdrawn prior to the end of Biden’s term.
In recent times, it has become common for presidents to leverage executive orders and federal regulations to navigate legislative deadlock. However, the rulemaking process often proves less resilient than legislation, making policies more susceptible to change with new administrations.
Numerous pending rules exist within the Education Department and various other agencies, covering a wide range from minor adjustments to significant policies with profound effects on schools and businesses across the country. If rules have already undergone a public feedback process under Biden’s administration, Trump could simply replace them with his own without needing to re-enter the public comment stage.
The withdrawal of the two student loan proposals marks Biden’s second effort at broad debt cancellation after the Supreme Court dismissed his initial plan. One of these proposals, introduced in April, aimed to provide targeted debt relief to 30 million Americans by wiping out accrued interests for long-term borrowers and erasing debts for those who had been repaying loans for two decades or more.
This initiative faced a setback when a federal judge halted it after a lawsuit filed by Republican-led states, leading it into a protracted legal dispute. The additional proposal scheduled for withdrawal that was released in October would have given the Education Department the capacity to forgive loans for individuals experiencing different hardships, such as significant medical expenses or childcare burdens.
Republican Senator Bill Cassidy from Louisiana asserted that Biden lacked the authority for such plans. “With today’s latest withdrawal, they recognize these strategies were merely a deceptive attempt to garner votes by shifting debt onto taxpayers who either didn’t attend college or worked to repay their student loans,” he stated.
Although Biden did not achieve his ambitious goals for broad loan forgiveness, his administration has managed to cancel a record-breaking $180 billion in federal student loans through pre-existing programs. Biden stated, “Thanks to our initiatives, millions of individuals across the nation now have the capacity to start businesses, save for retirement, and pursue life ambitions that were put on hold due to the burden of student loan debt.”
On Friday, officials revealed the elimination of debts for an additional 55,000 workers, including teachers, nurses, and law enforcement personnel, participating in the Public Service Loan Forgiveness program. This initiative promises loan cancellation after borrowers serve in government or nonprofit positions for 10 years. The total relief anticipated from this final round amounts to $4.28 billion before Biden’s tenure concludes in January.
The proposed rule regarding transgender athletes, introduced in 2023, faced several delays. This regulation aimed to prevent schools from outright banning transgender athletes while allowing for restrictions under certain circumstances, such as ensuring fairness in competitions or minimizing injury risks.
Both advocates and opponents expressed concerns about Biden’s proposal. Proponents felt it fell short of adequately protecting transgender students from policies that could exclude them inappropriately, while detractors argued it did not sufficiently safeguard female athletes to ensure fair competition.
This issue simmered during the presidential election as it became a focal point of Republican criticism. Trump committed to banning transgender athletes, pledging to “keep men out of women’s sports.” Had Biden’s proposal moved forward, it would inevitably have encountered legal opposition from conservatives who believed he overstepped his authority. Notably, Biden’s broader Title IX policy, finalized in April, is already facing numerous legal challenges that have hindered its implementation in 26 states.
