Robert F. Kennedy Center for Justice and Human Rights v. McMahon
Case Overview
A group of nonprofit organizations sued the Department of Education over a new rule that would allow the Education secretary to exclude employers from the program if an employer has engaged in activities for "a substantial illegal purpose" including activities related to "aiding and abetting violations of ... federal immigration laws."
The Application
The Department of Education's rule grants the Education secretary discretion to exclude employers engaging in activities with "a substantial illegal purpose" including immigration-related conduct. Plaintiffs contend the rule lacks clear limiting principles, creates impermissible delegation without meaningful standards, and exceeds the secretary's authority under the PSLF statute.
The Conclusion
The case is active in the District Court for the District of Columbia; the court will determine whether the rule is authorized by statute and whether the plaintiffs have been unlawfully excluded from PSLF eligibility.
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