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Borrower defense to repayment, or “borrower defense,” refers to the provision in law that federal student loan borrowers should not be forced to repay loans for classes or degrees from schools that have lied to, deceived, and misled them. It is a critical safeguard for both student borrowers and taxpayer investment in higher education.
Despite its importance, borrower defense has seen numerous attacks from those who side with predatory schools over students. In April 2024, the U.S. Court of Appeals for the Fifth Circuit issued an order halting the 2022 iteration of the rule, reverting to a 2019 version of the policy that had bipartisan, bicameral opposition. Even today, the House Appropriations Committee is considering a bill that would prevent the Department of Education from implementing rules related to borrower defense.
TICAS and the Project on Predatory Student Lending (PPSL) are launching a new series of resources that offer a concise overview of Borrower Defense, myths and facts about the program, and our recommendations for Congress and the Department of Education to protect borrowers and taxpayers.
