The U.S. Education Department signaled its intention to appeal a federal injunction that blocked the agency's efforts to prohibit undocumented immigrants and many other college students in California from receiving emergency financial grants under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Earlier this year, California's community college system filed a federal lawsuit against Education Secretary Betsy DeVos alleging that she violated the constitutional principle of separation of powers when ruling only students who qualify for federal student aid eligible for the grants. DeVos's interpretation of the stimulus package excludes noncitizens and others who do not qualify for student aid, including veterans attending college on the GI Bill, borrowers who have defaulted on student loans, and others who are ineligible for regular student aid.
In June, the department issued an interim final rule to formalize the controversial policy. That same month, a federal judge in California issued a ruling to bar the department from enforcing its restrictions. The preliminary injunctions that gives colleges and universities in the states broader latitude in doling out the CARES Act grants. A federal judge in Washington state issued a similar ruling, but left in place the ban on undocumented students receiving the grants.
In a brief notice, the department stated that it will challenge the California ruling in the U.S. Court of Appeals for the Ninth Circuit. Justice Department attorneys representing the Education Department reportedly pointed to references in other parts of the coronavirus relief package to the Higher Education Act, the federal law that among other things guides federal student aid. The department argued that Congress intended for the grants to go only to students who are eligible for student aid, Inside Higher Ed reported.
The department also referenced the Washington state ruling, which granted a more limited injunction covering only students who are U.S. citizens. The judge in that case said there was a reasonable argument to be made on both sides of whether undocumented immigrants are eligible for the aid. The department said the split decision gave them confidence they would win the appeal in the California case.
Related Link
Inside Higher Ed
https://www.insidehighered.com/quicktakes/2020/08/17/ed-department-appeals-calif-emergency-grant-case