WASHINGTON — President Joe Biden is halting efforts to implement certain protections for transgender student athletes and is putting a stop to plans for canceling student loans for over 38 million Americans. This decision reflects a broader strategy to rescind pending regulations before President-elect Donald Trump assumes office, thereby limiting the potential for him to modify existing policies for his agenda.
The administration anticipates needing to retract unfinished regulations across various government agencies given the limited time left to finalize them. Leaving these proposals in their current state could enable Trump’s administration to more swiftly alter them to align with its own goals. As these retractments are underway, the Biden administration continues to explore different avenues for student loan cancellation. On Friday, the Education Department announced the approval of loan forgiveness for an additional 55,000 borrowers through a program called Public Service Loan Forgiveness, which has been enhanced during Biden’s tenure since its inception in 2007.
While Biden’s administration is actively withdrawing proposed regulations, there is nothing stopping Trump from pursuing his own initiatives in these areas once he takes office, though he would face the need to initiate a lengthy process from the beginning. “This isn’t the way I wanted it to end,” lamented Melissa Byrne, a proponent of student debt forgiveness. She criticized the Republican Party for its role in creating the circumstances leading to this situation. “It’s disappointing that we have a GOP committed to keeping the working class in debt,” Byrne added.
The rollback of regulations takes place amid rising concerns over a potential government shutdown, potentially complicating the Biden administration’s ongoing efforts to resolve outstanding issues. The Education Department has emphasized that while it possesses the authority to cancel student debt, its focus now is on helping borrowers transition back to repayment following the pause during the COVID-19 pandemic. “The department at this time intends to commit its limited operational resources to helping at-risk borrowers return to repayment successfully,” the agency stated.
In relation to the regulation on transgender students, the Education Department cited ongoing litigation regarding Title IX, the landmark legislation against sex discrimination, as a reason for withdrawing the proposal. The department also pointed out that a staggering 150,000 public comments were received, necessitating further evaluation of the feedback amidst suggestions for necessary modifications. Consequently, the department concluded, “We do not intend for a final rule to be issued.”
Legal expert Kate Shaw, who was part of the White House counsel under Obama, noted that federal agencies typically rush to finalize regulations during transition periods, yet “midnight rulemaking” can be incredibly challenging under time constraints. “If you haven’t started it early enough, you’re not going to be able to wrap it up,” Shaw remarked. An official, speaking anonymously about internal discussions, acknowledged that while the administration backs its regulatory initiatives, the course of regulation entails extensive legal reviews and public input gathering.
Currently, federal agencies are reviewing which rules should be completed and which should be abandoned as Biden’s term comes to a close. Presidents in recent years have increased their reliance on executive orders and federal regulations due to congressional gridlock. However, these regulatory processes often are less resilient than legislative measures and can be more susceptible to changes with succeeding administrations.
There are numerous pending regulations in the Education Department and other federal entities, with implications ranging from minor updates to significant policies affecting schools and businesses throughout the nation. Should any of these rules have undergone public feedback during Biden’s administration, Trump could simply introduce his own suggestions for immediate enactment, sidestepping the need for further comments.
The pair of student loan proposals expected to be withdrawn represent an additional setback for Biden’s plan for broad loan forgiveness; the Supreme Court previously dismissed his initial proposal. One withdrawn proposal from April aimed to provide targeted debt relief for 30 million borrowers, proposing measures such as eliminating accrued interest for borrowers whose balances had increased significantly and forgiving loans for those who had been repaying for over 20 years. However, this initiative was blocked by a federal judge after legal intervention from Republican-led states.
The second proposal being rescinded, introduced in October, sought to allow the Education Department to cancel loans for individuals facing various hardships, encompassing challenges like high medical expenses or childcare costs. Senator Bill Cassidy of Louisiana commented that Biden lacked the authority to enact these initiatives, stating, “With today’s latest withdrawal, they are admitting these schemes were nothing more than a dishonest attempt to buy votes by transferring debt onto taxpayers who never went to college or strived to pay off their loans.”
Despite Biden not meeting his ambitious goals for expansive loan cancellation, the administration has achieved a historic $180 billion in federal student loan forgiveness via existing programs. “Through our actions, millions of individuals across the nation now find the room to start businesses, save for retirement, and pursue life goals delayed by the burden of student loan debt,” Biden asserted.
Additionally, the announcement made on Friday included plans to forgive loans for another 55,000 individuals—among them teachers, nurses, and police officers—through Public Service Loan Forgiveness, aimed at those who have spent a decade working in government or nonprofit sectors. This $4.28 billion in relief is likely to be the concluding round of loan forgiveness before Biden exits the presidency in January.
Biden’s proposed regulation concerning transgender sports, initially presented in 2023, has faced various delays and was intended as a continuation of his more comprehensive effort to guarantee civil rights protections for LGBTQ+ students under Title IX. This regulation would have restricted schools from outright banning transgender athletes while still allowing for limitations under certain circumstances, such as ensuring fairness in competition or mitigating injury risks.
The proposal from Biden left room for feedback from both the supporters and opponents of transgender inclusion in sports. Advocates argued it did not adequately safeguard transgender rights, while opponents contended that it failed to promote fairness for girls in sports. The regulation became a contentious topic during the presidential campaign, especially as Republicans rallied against it, with Trump promising to enact a ban on transgender athletes in women’s sports.
Had Biden’s proposal been finalized, it would likely have encountered substantial legal opposition from those arguing that Biden overstepped his authority. The wider Title IX policy, finalized in April, is now subject to numerous legal challenges, hindering its implementation in 26 states.