The U.S. Department of Education issued an interim rule yesterday regarding CARES Act funding, which stated that undocumented and international students would not be eligible to receive the funding. Following the enactment of the CARES Act, the department had issued guidance stating that the funds could not be provided to undocumented or international students because these students do not qualify to participate in Title IV financial aid programs. After push-back from advocates and some Democratic members of Congress, the Department of Education posted an announcement acknowledging that its guidance is nonbinding.
Then yesterday, the department issued this interim rule, stating that the emergency nature of the policy permitted the department to forego negotiated rulemaking and the preliminary notice-and-comment period. However, interested parties may comment on the interim rule for the next 30 days, and the department will consider those comments when putting together the final rule. Unlike guidance, rules issued by the Department of Education are legally binding.
You can read a preliminary version of the interim rule here.
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