The ABA is continuing its fight against the Department of Education, filing a preliminary injunction on September 11, 2018. The injunction will stop the Department of Education from using its “changed interpretation” of PSLF and reinstate the ABA as a PSLF-eligible employer.
What’s the urgency? The US-Mexico border issue is intensifying, but the ABA ProBAR program, which provides legal services to immigrant families and children separated at the US-Mexico border, is at a breaking point. The ProBAR program can’t retain staff due to the PSLF uncertainty.
Once again, the ABA is arguing the Department failed to follow proper procedures in implementing the new interpretation (that the ABA does not qualify), lacked Congressional authorization for the retroactive consequences, and violated the ABA’s due process rights.
The court has ordered a motion hearing on September 26, 2018.