By Mike Pierce | January 28, 2025
The following blog was updated at 5:30 PM ET on January 28, 2025 to reflect breaking news.
In the coming days, Education Secretary nominee Linda McMahon will appear before the U.S. Senate Committee on Health, Education, Labor, and Pensions to answer questions about her vision for the U.S. Department of Education (ED). Last night, in an unprecedented and unconstitutional executive action, the Office of Management and Budget ordered all federal agencies to withhold federal grant and loan funds that grantees and recipients across the country rely on—gutting the safety net and throwing local economies into chaos.
In the hours following the release of the memo, the Trump Administration has attempted to walk back the scope and impact of the funding freeze—claiming that it does not apply to Pell Grant and federal student loan assistance. At least for now. Regardless of these updates, While ED has claimed this order is not intended to apply to federal student financial assistance like Pell Grants and federal student loans, critical questions remain. If confirmed, McMahon could still be tasked with carrying this order out—breaking her vow to uphold the Constitution on day one. Policymakers should ask McMahon the following questions as they vet her qualifications to be the nation’s top education official. Policymakers must secure firm commitments from all Trump Administration nominees that they will reject these attacks on working families.
Legal Authority
- Does the Education Secretary have the legal authority to block funds authorized and appropriated by Congress?
- If given an order to impound funds authorized and appropriated by Congress, would you carry out this order?
Federal Financial Aid
- Does the Education Secretary have the legal authority to block funds owed to colleges for Pell Grants and other federal grant aid awarded to individual students?
- If given an order to block funds owed to colleges for Pell Grants and other federal grant aid awarded to individual low-income students, would you carry out such an order?
- Does the Education Secretary have the legal authority to block funds owed to colleges for federal student loans promised to individual students?
- If given an order to block funds owed to colleges for federal student loans promised to individual students, would you carry out such an order?
Support for Students Affected by Natural Disasters
- Does the Education Secretary have the legal authority to block grants or loans made to colleges affected by natural disasters, such as those in western North Carolina, using federal funds to house students displaced by Hurricane Helene?
- If given an order to block grants or loans made to colleges affected by natural disasters using federal funds to house students displaced by Hurricane Helene—including, for example, colleges in western North Carolina— would you carry out such an order?
- Does the Education Secretary have the legal authority to block grants or loans made to colleges affected by natural disasters, including, for example, colleges in western North Carolina, to rebuild facilities damaged by Hurricane Helene?
- If given an order to block grants or loans made to colleges affected by natural disasters, including, for example, colleges in western North Carolina to rebuild facilities damaged by Hurricane Helene, would you carry out such an order?
Support for Servicemembers, Veterans, and Military Families
Packaging federal financial aid is complex and draws from many sources. These include GI Bill funds for veterans and military families and U.S. Department of Defense (DOD) Tuition Assistance funds for active-duty military, often used in tandem with Pell Grants, federal work-study, Federal Supplemental Educational Opportunity Grants (SEOG), and federal student loans.
- Does the Education Secretary have the legal authority to block funds owed to colleges for Pell Grants and other federal grant aid awarded to individual veterans who are also using GI bill funds?
- If given an order to block funds owed to colleges for Pell Grants and other federal grant aid awarded to individual veterans who are also using GI bill funds, would you carry out such an order?
- What steps will you take to ensure these veterans do not have to drop out of college because of instability caused by this order?
- Does the Education Secretary have the legal authority to block funds owed to colleges for federal student loans promised to individual veterans who are also using GI bill funds?
- If given an order to block funds owed to colleges for federal student loans promised to individual veterans who are also using GI bill funds, would you carry out such an order?
- Does the Education Secretary have the legal authority to block funds owed to colleges for Pell Grants and other federal grant aid awarded to individual members of the military who are also receiving tuition assistance from the DOD?
- If given an order to block funds owed to colleges for Pell Grants and other federal grant aid awarded to individual members of the military who are also receiving tuition assistance from the DOD, would you carry out such an order?
- What steps will you take to ensure these active-duty servicemembers do not have to drop out of college because of instability caused by this order?
- Does the Education Secretary have the legal authority to block funds owed to colleges for federal student loans promised to individual members of the military who are also receiving tuition assistance from the DOD?
- If given an order to block funds owed to colleges for federal student loans promised to individual members of the military who are also receiving tuition assistance from the DOD, would you carry out such an order?
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Mike Pierce is the Executive Director of the Student Borrower Protection Center.