ILAP Public Comment: William D. Ford Federal Direct Loan (Direct Loan) Program Notice of Proposed Rulemaking

Tamy Abernathy
Office of Postsecondary Education
400 Maryland Ave. SW
Washington, DC 20202

RE: William D. Ford Federal Direct Loan (Direct Loan) Program Notice of Proposed Rulemaking [Docket ID ED-2025-OPE-0016]

Dear Ms. Abernathy:

The Immigrant Legal Advocacy Project (ILAP) respectfully submits the following comments on the proposed rule to amend the regulations on the Public Service Loan Forgiveness (PSLF) program under 34 CFR 685.219. The PSLF program has tremendous public policy value to the United States, promoting and expanding public service capacity and access to justice for everyone, regardless of how much money they have in their pocket. Accordingly, ILAP respectfully recommends the proposed changes – which would seek to make public servants ineligible for loan forgiveness based on political ideology – be stricken in their entirety.

I. About ILAP:

ILAP is Maine’s only statewide immigration legal services organization, serving as a lifeline to low-income people across the state who would otherwise not have access to immigration legal services. Our clients include survivors of domestic abuse, violent crimes, and human trafficking, people seeking asylum and other humanitarian immigration protections, abandoned and abused children, family members of U.S. citizens, crucial members of Maine’s workforce, and many others.
 

II. The Proposed Changes Run Contrary to Statute and Congressional Intent:

Congress designed the PSLF program to broadly and inclusively cover all charitable nonprofit organizations, regardless of their missions or the communities they serve. The statute is clear that a “public service job” under the program is “a full-time job in emergency management, government, military service, public safety, law enforcement, public health, public education (including early childhood education), social work in a public child or family service agency, public interest law services (including prosecution or public defense or legal advocacy in low-income communities at a nonprofit organization), public child care, public service for individuals with disabilities, public service for the elderly, public library sciences, school-based library sciences and other school-based services, or at an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.” (College Cost Reduction and Access Act of 2007 (CCRAA), Public Law 110-84, 121 Stat. 84). The Department of Education’s proposed changes, to limit eligibility for PSLF based on the political ideology of the current administration, runs counter to the plain language of the statute and would undermine Congress’ intent in creating a broad and dependable loan forgiveness program that encourages public service and builds safety nets and resources for vulnerable populations.

III. The Proposed Changes Would Compromise ILAP’s Ability to Serve Low-Income People in Maine:

The PSLF program is particularly crucial for rural, underserved areas like Maine. ILAP is the only organization of its kind in the entire state. Each year, ILAP serves thousands of low-income people in Maine, but the needs in the state far outstretch and outpace ILAP’s capacity. The loss of even a single staff member would mean that more of the most vulnerable in our communities would be forced to navigate the immigration legal system – and its unbearably high stakes, including loss of freedom, family separation, and life-threatening deportation – alone. In a place like Maine, there are especially few people with the expertise or the financial resources to do immigration legal services without PSLF. Hiring new staff who would be able to face the burden of student loans on a nonprofit salary would be highly unlikely.

At least five ILAP staff members are currently part of the PSLF program, and many others have previously come through the program. ILAP staff shared these stories about how PSLF makes it possible for them provide vital immigration legal help to noncitizen Mainers:  

“Since graduating from law school in 2009, I have devoted my career to nonprofit work, providing immigration legal services to low-income individuals—including immigrant survivors of domestic violence, human trafficking, and other serious crimes. This career would not have been financially viable without PSLF. The burden of my law school debt would have forced me to pursue a different path outside of public interest law. The forgiveness I received through PSLF not only made it possible to choose this work in the first place, it continues to make it possible for me to stay in this career for the long term.” 

“I only applied to law school to become a public interest lawyer because of the PSLF program. It otherwise wouldn’t have been financially possible for me. I have been making my payments for nine years but with the predatory interest rates, my loan amount only goes up. I don’t know what I would do if I was suddenly ineligible for the program because of my work serving low-income immigrant communities, but -it’s clear I would have to transition out of nonprofit work.”    

“I always knew that I wanted to work for an organization that would serve traditionally overlooked communities. The availability of PSLF has been a factor in my decision to work in a public school teaching fourth grade, working for veterans experiencing homelessness, and now working a job where my focus is serving people that have survived labor trafficking or other forms of exploitation.”

“I have absolutely relied on PSLF and the promise of loan forgiveness at every single stage of my law career - before evening applying to law school. PSLF impacted the type of organization with whom I pursued employment post-grad. I only applied to organizations that affirmed they were 501(3)(c)s and were qualifying employers. PSLF allowed me to become the type of advocate I had dreamed of being. PSLF is one of the primary reasons that I am an attorney today... If my 501(3)(c) organization were no longer a qualifying employer, I would be devastated. It would mean that I would need to make an extremely difficult choice between jeopardizing my own financial well-being or remaining steadfast in my dedication to public interest law.” 

IV. The Proposed Changes Serve No Legitimate Underlying Public Policy Basis, Are Based on Extremist Political Ideology, and Would Erode the Rule of Law and U.S. Values:

Attacks on those who serve low-income immigrants and other vulnerable, underserved populations is also an attack on the rule of law in the United States and our closely held values. Attorneys and others who benefit from the PSLF program at ILAP are not engaging in “activities that have a substantial illegal purpose,” they spend every day protecting and enforcing people’s legal rights and advocating for more just systems. In today’s environment, where Constitutional rights and due process for immigrants is being disregarded by the federal administration, these nonprofit workers are actively defending our very democracy and the founding values of this country.

V. Conclusion:

Accordingly, the Department of Education should strike this proposed rule in its entirety as it flies in the face of Congressional intent and would gut resources for vulnerable, underserved populations. Contrary to its claims to address “illegal” activity and protect taxpayers, this rule would actively undermine the rule of law and add costly bureaucracy to the PSLF program in furtherance of an illegitimate political agenda. Thank you for your consideration of our comments. Please contact ILAP’s Policy Director, Lisa Parisio, at lparisio@ilapmaine.org for any questions or additional information. 

Sincerely,

Sue Roche
Executive Director 
Immigrant Legal Advocacy Project 
P.O. Box 17917
Portland, ME 04112 
207-780-1593 
sroche@ilapmaine.org