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The DeVos Borrower Defense Rules Are Back - What They 
Mean for Loans Between July 1, 2020 and June 30, 2023

Illustration showing Borrower Defense to Repayment under DeVos rules, featuring U.S. government buildings, student loan debt symbols, legal scales, and political figures representing changes in federal student loan forgiveness policy

If your federal student loans were disbursed between July 1, 2020 and June 30, 2023, you're likely subject to the controversial DeVos borrower defense rules—but not by design.

Here’s why: the 2022 Biden borrower defense rules, which were supposed to take effect on July 1, 2023, were blocked by a federal court injunction issued in August 2023. The Supreme Court granted review in January 2025, and a ruling is expected during the 2025–2026 term. Until then, prior rules are back, meaning the DeVos-era standard governs many claims.

⚠️ The Trump administration has since attempted to delay further processing of settlements like Sweet v. McMahon — but a federal judge rejected that delay request on December 12, 2025, upholding the April 15, 2026, deadline for post-class claims.

🚫 What Changed Under the DeVos Rules?

In 2019, former Education Secretary Betsy DeVos rewrote the borrower defense regulations. These rules, effective July 1, 2020, significantly narrowed eligibility and relief options.

Key changes include:

  • Higher burden of proof: Must show the school knowingly or recklessly misled you
  • Individual-only claims: No group or automatic relief
  • Financial harm only: Provable monetary loss; emotional distress doesn't count
  • Strict 3-year limit: Claims must be filed within 3 years of leaving school (exceptions apply)
  • Partial relief is common: Relief is proportional to harm

🧾 What Qualifies as Misrepresentation?

Valid DeVos-era claims require:

Examples:

📊 Current Status: Where Things Stand in December 2025

MetricDetailsSource
Total BDTR Discharges$17.2B for 975,000 borrowers (April 2024)GAO Report
DeVos-Era ApprovalsNone finalized as of 2025; over 1,600 pendingED Status
Recent DevelopmentsDec 2025 court ruling denied Trump ED’s 18-month delay in Sweet v. McMahonSweet Settlement
Denial ReasonsLack of specific evidence (60%); no misrepresentation (25%)GAO Analysis

➡️ As of Dec 2025, processing continues slowly amid Trump-era administrative slowdowns.

Infographic outlining facts you should know about Borrower Defense to Repayment in 2005

📉 Relief Expectations: Full vs. Partial Forgiveness

  • Partial relief is the norm under DeVos rules
  • Example: You borrowed $20,000. ED deems education worth $12,000 → You get $8,000 forgiven
  • Full relief is possible only if harm equals or exceeds loan amount

⚖️ Legal and Policy Landscape: 2025

  • 🧑‍⚖️ SCOTUS Review: Review granted Jan 2025 for Biden’s 2022 rules. Decision pending during 2025–2026 term.
  • 🏛️ Congressional Changes: The July 2025 reconciliation law delays or repeals multiple Biden-era relief policies — not just for BDTR but also Closed School Discharge. No specific 10-year delay timeline exists.
  • Sweet v. McMahon: Processing deadline for all post-class claims = April 15, 2026. No delays allowed per Dec 12 court ruling.
  • 🐢 Processing Slowdowns: Trump administration delays are affecting BDTR, IDR forgiveness, and PSLF reviews.

🔁 Comparison Table: DeVos vs. Biden vs. Obama Rules

Rule SetKey FeaturesEffective Dates
Obama (2016)Group relief, lower burden, broad relief2016–June 2020
DeVos (2019)High burden, no group claims, partial reliefJuly 1, 2020–June 30, 2023 (default standard today)
Biden (2022)Automatic/group relief, no time limit, full dischargePaused (was to start July 1, 2023)
Infographic outlining the five-step Borrower Defense to Repayment process

🔗 Other Forgiveness Programs to Explore

Browse through all relief programs here


⚠️ Don’t Wait — Check Eligibility Now

If your loans were disbursed from July 2020–June 2023, you're likely subject to DeVos rules — the strictest in student loan history.

⏰ Don’t miss the 3-year deadline.

Check your eligibility nowSpeak to a specialist before the window closes

A frustrated student reviewing loan documents at home while researching borrower defense options on a laptop