Am I wrong in thinking this could disincentivize lawyers from working as a Public Defenders?
Above the Law
The Trump administration’s ongoing war on the legal profession continues with the Department of Education releasing its finalized Public Service Loan Forgiveness rule — a process kicked off in March when Trump issued his Restoring Public Service Loan Forgiveness Executive Order — and while its impact will be felt across education, the new rule is especially brutal for law school graduates, with the DOE cutting off forgiveness to those causes it deems to be supporting “illegal activity.” And, if you hadn’t already guessed what it means to support “illegal” activity in this regime, they mean jobs like “representing immigrants” and “advocating for transgender rights.”
“Taxpayer funds should never directly or indirectly subsidize illegal activity,” Under Secretary of Education Nicholas Kent said, a reasonable premise if directed at graduates aspiring to become a mob consigliere. As it happens, that’s not the sort of “illegal activity” Kent’s talking about. “The Public Service Loan Forgiveness program was meant to support Americans who dedicate their careers to public service – not to subsidize organizations that violate the law, whether by harboring illegal immigrants or performing prohibited medical procedures that attempt to transition children away from their biological sex.”
By this, he means representing people in immigration proceedings. His remark about transgender care is directed at medical school grads, but the language of the final rule would cover any organization that provides legal aid to trans folks. The final rule knocked down objections that giving the Education Secretary unilateral authority to decide if a public service is “illegal” would be unconstitutionally vague. By the DOE’s account, the definition is clear.
(i) aiding or abetting violations of 8 U.S.C. 1325 or other Federal immigration laws;
(ii) Supporting terrorism, including by facilitating funding to, or the operations of, cartels designated as Foreign Terrorist Organizations consistent with 8 U.S.C. 1189, or by engaging in violence for the purpose of obstructing or influencing Federal Government policy;
(iii) Engaging in the chemical and surgical castration or mutilation of children in violation of Federal or State law;
(iv) Engaging in the trafficking of children to another State for purposes of emancipation from their lawful parents in violation of Federal or State law;
(v) Engaging in a pattern of aiding and abetting illegal discrimination; or
(vi) Engaging in a pattern of violating State laws as defined in paragraph (b)(34) of this section.
Lawsuits are already underway...
CNBC
New York Attorney General Letitia James and more than a dozen other state attorneys general on Monday sued the Trump administration over its new rule limiting eligibility for a popular student loan forgiveness program.
The AGs’ lawsuit, filed in Boston federal court, was prompted by the U.S. Department of Education’s final rule released last week. The rule changes the definition of a “qualifying employer” under the Public Service Loan Forgiveness program to exclude certain organizations “that engage in unlawful activities” such as “supporting terrorism and aiding and abetting illegal immigration,” according to an Education Department statement.
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The lawsuit was brought by attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, Wisconsin and the District of Columbia.
A coalition of cities across the U.S, labor unions and nonprofit organizations also filed a lawsuit on Monday against the Trump administration over its PSLF rule.
Next Trump will be coming for your right to have an attorney appointed to represent you…
