There is some doubt about whether a president can cancel all or most of the existing student debt.
With respect to student debt, Congress has written a vague provision into the Higher Education Act that gives the secretary of education some authority to grant relief to student debtors, so it isn’t clear that the sort of sweeping executive order envisioned by Senator Schumer and the activists would be illegal. But neither is it clear that it would be legal.
On that point, Frederick Hess of the American Enterprise Institute recently wrote,
There is certainly language in federal statute that gives the secretary of education the authority to “waive, or release any right, title, claim, lien, or demand, however acquired.” But it has long been understood that the purpose of that flexibility was to allow for narrow, targeted, relief in exceptional circumstances. Indeed, elsewhere in federal law, agencies are instructed to “try to collect” the debts they are owed. So, it sounds constitutionally kinda shaky, especially given the Court's current makeup.
So, the legality of an order to cancel a huge swath of student debt is doubtful and, if it were to be done, the order would be open to legal challenge. To declare debt relief that would cost the U.S. Treasury many billions of dollars is arguably just as much a violation of the president’s authority as if he were to unilaterally declare sweeping tax exemptions. Does he want to start a legal battle over this? What would the repercussions be if he lost?
The other point is the politics of it. Student debt cancellation “would disproportionately benefit affluent families, since working class and low income households are much less likely to have attended college at all, much less have borrowed heavily to attend pricey schools. Indeed, more than 40 percent of student debt was accumulated during graduate study by doctors, lawyers, and other professionals in pursuit of lucrative credentials.”
I think Biden would be smart to tell Congress that if they want student debt to be cancelled then they need to do it.