American Federation of Teachers Sues the Education Department Again, Every AFT Lawsuit Over PSLF, Buyback and Student Loan Relief, From the March 2025 Case to Weingarten v. McMahon

The American Federation of Teachers (AFT) has gone back to federal court against the U.S. Department of Education. On October 30, 2026, the union, its president Randi Weingarten and nine borrowers filed Weingarten v. McMahon, No. 1:26-cv-03826, in the U.S. District Court for the District of Columbia. According to reporting on the complaint, it describes itself as the third lawsuit AFT has brought against the Department in fewer than two years.

This article covers the history behind the new filing: what AFT sued over in 2025, what the court and the Department did, what the Department’s own status reports showed, and why the union says it had to sue again. For the full breakdown of the new complaint, see our companion article: PSLF Lawsuit 2026: AFT, Randi Weingarten and Borrowers Sue Education Secretary Linda McMahon Over Delayed Buyback Applications, Lost Payment Credits and Withheld Forgiveness.

What this is not: a settlement or a claim process. There is no claim form, no fund and no automatic loan cancellation tied to any of these cases. The new case is a putative class action, and no class has been certified.

AFT Lawsuits Against the Education Department: Quick Facts

Detail	Information
Union	American Federation of Teachers (AFT), about 1.8 million members
AFT president	Randi Weingarten
Defendants in the PSLF cases	U.S. Department of Education and Secretary Linda McMahon
Counsel in the student-loan cases	Protect Borrowers (and Berger Montague in the 2026 case)
First verified loan case	American Federation of Teachers v. U.S. Department of Education, No. 1:25-cv-00802 (D.D.C.), filed March 18, 2025
Judge in the 2025 case	Reggie B. Walton
Amended complaint adding class plaintiffs	September 9, 2025
Preliminary-injunction motion	Filed September 16, 2025
Court order	October 23, 2025: motions denied without prejudice, case stayed, parties ordered to comply with their agreement
Newest case	Weingarten v. McMahon, No. 1:26-cv-03826 (D.D.C.), filed October 30, 2026
Newest case’s legal theories (per reporting)	Administrative Procedure Act and Fifth Amendment due process
Relief sought in newest case	Court orders and attorneys’ fees, no money damages
Class certified in any case?	No
Settlement fund / claim form	None

Is This Really the Third AFT Lawsuit Against the Education Department?

That is how the complaint is described in reporting, including coverage that says the complaint itself calls it AFT’s third suit against the Department in fewer than two years. The reporting reviewed for this article did not list all three cases by name, so we cannot confirm which suits the complaint counts. Two earlier suits by AFT against the Department are verified from public sources:

1. The March 2025 income-driven repayment (IDR) and PSLF case in the D.C. federal court (No. 1:25-cv-00802), which is the direct predecessor of the new lawsuit.
2. The February 2025 lawsuit over the Department’s February 14, 2025 anti-DEI letter to schools, filed in federal court in Baltimore, Maryland, by AFT together with its Maryland arm and the American Sociological Association.

The DEI case concerns a different issue (school programs and Title VI guidance) and is not part of the student-loan dispute. We include it so readers can see AFT’s wider litigation against the Department, not to claim it is one of the three the complaint counts.

March 18, 2025: AFT Sues Over the Halt of Income-Driven Repayment Plans

In February 2025, the U.S. Court of Appeals for the Eighth Circuit ruled against the Biden-era SAVE plan in Missouri v. Trump, 128 F.4th 979 (8th Cir. 2025). Soon after, the Department stopped accepting and processing income-driven repayment applications, and it removed access to the online IDR applications at the end of February. The Department said the move was temporary while it brought its programs in line with the Eighth Circuit’s ruling.

AFT sued on March 18, 2025. It argued that the abrupt halt unlawfully cut borrowers off from repayment options tied to their income, caused financial hardship and put at risk their progress toward Public Service Loan Forgiveness. Weingarten said the union was suing to restore access to statutory programs that cannot be stripped away by executive action.

Key early docket events in American Federation of Teachers v. U.S. Department of Education, No. 1:25-cv-00802, before Judge Reggie B. Walton:

Date	Event
March 18, 2025	Complaint filed
March 24, 2025	AFT moves for a temporary restraining order or preliminary injunction
March 27, 2025	Department files notice that an IDR plan application is available again
April 14 and April 28, 2025	Court orders entered
September 9, 2025	Amended complaint filed, adding class action plaintiffs

September 2025: AFT Adds Class Plaintiffs and Seeks a Preliminary Injunction

In September 2025, AFT amended its complaint to add class representatives and, on September 16, 2025, moved for a preliminary injunction and class certification. According to the union’s counsel, Protect Borrowers, the motion asked the court to:

• order the Department to enroll borrowers in affordable repayment plans,
• cancel the loans of public service workers who had met all PSLF requirements,
• cancel the loans of borrowers who had reached 20 or 25 years of payments and qualified for IDR forgiveness, and
• compel the Department to make progress on its backlog.

The tax deadline was part of the urgency. The federal tax exclusion for most student loan forgiveness under the American Rescue Plan Act was set to end after 2025, while PSLF cancellation remains untaxed under federal law. The union argued that delayed IDR cancellations could leave borrowers with avoidable tax bills.

What the Department’s records showed in 2025

According to court records cited in coverage at the time, as of August 31, 2025:

• more than 1 million IDR applications (1,076,266) were unprocessed, and
• more than 74,000 PSLF Buyback applications were unprocessed.

The amended suit also said that from May to August 2025 the Department received far more Buyback applications than it processed. Department spokesperson Ellen Keast told NPR the backlog began under the previous administration and that the Department was working with servicers and hoped to clear it over the next few months.

October 23, 2025: The Agreement and Court Order

The case did not go to a ruling on the injunction. On October 4, 2025, Judge Walton stayed briefing on the preliminary-injunction motion until Congress restored appropriations to the Department of Justice, which was affected by the federal government shutdown. Then, on October 23, 2025, the court entered an order after the parties filed a joint status report disclosing an agreement. The order:

• denied without prejudice AFT’s motions for a preliminary injunction and class certification,
• stayed the case, and
• ordered the parties to comply with their agreement.

“Without prejudice” means the case was not over and AFT could renew its requests later. Under the agreement, as described by student-loan professionals who reviewed the filing, the Department agreed to keep processing PSLF Buyback requests and discharges for eligible borrowers and to file six public status reports, the first due 30 days after the shutdown ended and the rest every 30 days. Those reports were to cover figures such as Buyback applications received, pending, approved or denied, and PSLF discharges processed.

Related article: Camalyn Turner Lawsuit Against Memphis-Shelby County Schools, Former Superintendent Marie Feagins Accused of Sexual Harassment and Retaliation in Title VII Case

What the Court-Ordered Status Reports Show About the PSLF Buyback Backlog

The status reports became the factual backbone of the new lawsuit.

Date	Pending PSLF Buyback applications	Source
April 2025	49,318	Department status reports, as cited in the 2026 complaint
August 31, 2025	More than 74,000	Court records cited in 2025 coverage
December 31, 2025	83,370	Department status report filed in the 2025 case
March 2026	89,720	Department status reports, as cited in the 2026 complaint

In December 2025 alone, the Department reported receiving 5,090 Buyback applications and about 9,400 PSLF discharges, with caveats that its Buyback data is dynamic and subject to change.

The 2026 complaint, according to reporting, says that at the fastest processing rate the Department showed, clearing the backlog would take more than 18 months. A separate figure cited in the complaint is about 88,000 applications pending as of April 30, 2026. Because these are application counts, they do not necessarily equal the number of unique borrowers.

October 30, 2026: Why AFT Sued a Third Time

The new complaint picks up where the 2025 case left off. Reporting describes it as challenging three separate problems, each with its own proposed class:

1. Delayed or withheld PSLF Buyback determinations.
2. The removal (“clawback”) of qualifying payment credits that borrowers had already earned. Some borrowers saw their payment counts drop in summer 2026, in some cases by more than a year.
3. Qualifying payments that were allegedly never posted or counted.

According to reporting, the legal claims rest on the Administrative Procedure Act and the Fifth Amendment’s due process clause. The plaintiffs ask the court to order the Department to process eligible borrowers’ forgiveness and for attorneys’ fees, and they do not seek money damages. A certified class would cover borrowers who fit the class definition without filing anything.

What the Department said

A Department communications official criticized the new suit as another class action brought by the teachers union and pointed to its timing, days before the November 3, 2026 election. Other outlets reported that the Department did not immediately comment, and earlier statements from the Department said Buyback requires manual review of borrower records. No formal answer to the complaint had been identified as of October 31, 2026.

Laws Behind the AFT Student Loan Lawsuits

Higher Education Act, 20 U.S.C. § 1087e(m): Public Service Loan Forgiveness

After a borrower makes 120 qualifying payments on eligible Direct Loans while working full time for a qualifying public service employer, the Secretary must cancel the remaining balance. The new case argues the Department is withholding relief borrowers have already earned. The regulation is 34 CFR § 685.219.

Higher Education Act, 20 U.S.C. § 1098e: income-based repayment

IBR and related income-driven plans are the repayment routes that connect to the 20- and 25-year forgiveness at issue in the 2025 case.

Administrative Procedure Act, 5 U.S.C. §§ 701–706

The APA allows courts to compel agency action that is unlawfully withheld or unreasonably delayed (§ 706(1)) and to set aside action that is arbitrary, capricious or contrary to law (§ 706(2)).

Fifth Amendment due process

According to reporting, the 2026 complaint also invokes the Due Process Clause of the Fifth Amendment, which limits what the federal government can do to deprive people of protected interests without fair procedures.

Tax treatment: American Rescue Plan Act

Under the American Rescue Plan Act, most student loan forgiveness was excluded from federal taxable income through the end of 2025 (see 26 U.S.C. § 108(f)(5)). PSLF cancellation has long been tax-free under federal law.

Federal Rule of Civil Procedure 23

Class actions in federal court require the plaintiffs to meet Rule 23(a) (numerosity, commonality, typicality and adequate representation) and fit a category under Rule 23(b). No class has been certified in either AFT student-loan case.

What Happens Next After AFT’s New Lawsuit?

• The Department must respond to the Weingarten v. McMahon complaint, and plaintiffs must win class certification before relief could reach borrowers who are not named plaintiffs.
• The 2025 case (No. 1:25-cv-00802) remains stayed under the October 23, 2025 order, subject to the parties’ agreement and the status reports. We could not verify whether the six status reports have all been filed or how the case may proceed.
• No hearing date, ruling, settlement or compensation program has been announced for the new case as of October 31, 2026.

What PSLF and Buyback Borrowers Should Do Now

• Keep making required payments unless your servicer or a court order says otherwise.
• Check StudentAid.gov regularly for your PSLF payment count and Buyback status, and save dated screenshots of any changes.
• Keep records of every Buyback request, employment certification and servicer message.
• Do not rely on any lawsuit to cancel your loans automatically. There is no claim form and no deadline to join.
• Consider talking to a student-loan attorney or nonprofit counselor if your payment count dropped or your Buyback request is stalled. Official PSLF information is at Federal Student Aid.

Frequently Asked Questions About AFT’s Lawsuits Against the Education Department

Has the American Federation of Teachers sued the Education Department before?

Yes. AFT sued the Department over the halt of income-driven repayment plans and related PSLF problems on March 18, 2025 (No. 1:25-cv-00802, D.D.C.), and it separately sued over the Department’s February 2025 anti-DEI letter in federal court in Maryland.

Is the October 30, 2026 lawsuit AFT’s third against the Education Department?

Reporting on the complaint says the complaint describes it as AFT’s third suit against the Department in fewer than two years. We could confirm two earlier suits but could not confirm which three cases the complaint counts.

What happened in the 2025 AFT lawsuit?

On October 23, 2025, Judge Reggie B. Walton denied AFT’s motions for a preliminary injunction and class certification without prejudice, stayed the case and ordered the parties to comply with their agreement. The Department agreed to keep processing PSLF Buyback requests and to file public status reports.

Did AFT win the 2025 case?

There was no ruling on the merits. The parties reached an agreement, and the court stayed the case. The motions were denied without prejudice, so AFT could ask again.

How big is the PSLF Buyback backlog?

According to Department status reports, pending Buyback applications rose from 49,318 in April 2025 to 89,720 in March 2026. The complaint also cites about 88,000 pending as of April 30, 2026. Some applications may be duplicates.

Who is the judge in the new case?

The judge in the new case was not identified in the sources reviewed. The 2025 case was before Judge Reggie B. Walton.

Is there a settlement or claim form I can file?

No. There is no settlement fund, claim form or deadline in either AFT student-loan case.

Is the new AFT lawsuit a class action?

It is a putative class action. The plaintiffs have asked for three nationwide classes, but no judge has certified any class.

Who represents the borrowers?

Protect Borrowers and Berger Montague represent the plaintiffs in the 2026 case. Protect Borrowers was also counsel in the 2025 case.

Related AllAboutLawyer Coverage

• PSLF Lawsuit 2026: AFT, Randi Weingarten and Borrowers Sue Education Secretary Linda McMahon Over Delayed Buyback Applications, Lost Payment Credits and Withheld Forgiveness

Sources and Legal References

Court records

1. American Federation of Teachers v. U.S. Department of Education, No. 1:25-cv-00802 (D.D.C.), Clearinghouse case page
2. Same case, CourtListener docket
3. Department of Education status report on PSLF Buyback applications, December 2025
4. Complaint, Weingarten v. McMahon, No. 1:26-cv-03826 (D.D.C. filed Oct. 30, 2026)

Reporting

5. Protect Borrowers: AFT v. ED Update, September 17, 2025
6. NPR: Lawsuit aims to force Trump administration to stop delaying student loan forgiveness, September 19, 2025
7. Forbes: Lawsuit Seeks Student Loan Forgiveness By January, September 17, 2025
8. Yahoo News: AFT sues Education Department over removal of IDR student loan applications
9. The College Investor: Teachers Union Sues Education Department Over Stalled PSLF Buyback And Lost Payment Credits
10. Quartz: Teachers union sues Trump administration over student loan forgiveness, October 30, 2026
11. Spectrum News: Teachers union sues education secretary over public service loan forgiveness, October 30, 2026
12. Yahoo News: Teachers union sues over Trump admin’s DEI warning to schools

Law

13. 20 U.S.C. §§ 1087e(m), 1098e; 34 CFR § 685.219; 5 U.S.C. §§ 701–706; 26 U.S.C. § 108(f)(5); Fed. R. Civ. P. 23; U.S. Const. amend. V
14. Missouri v. Trump, 128 F.4th 979 (8th Cir. 2025)

Disclaimer: AllAboutLawyer.com is an independent legal information website, not a law firm. This article is general information, not legal advice. Allegations in pending litigation have not been proven in court.

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against the federal docket for No. 1:25-cv-00802 (D.D.C.), the Department of Education’s court-filed status report, Protect Borrowers’ and AFT-related reporting, and coverage of the October 30, 2026 complaint, as of October 31, 2026. Last Updated: October 31, 2026.