Alex Padilla U.S. Senator for California

WASHINGTON, D.C. — Today, U.S. Senators Alex Padilla (D-Calif.) and Bernie Sanders (I-Vt.), Chairman of the Senate Committee on Health, Education, Labor, and Pensions (HELP), led 24 Senators in urging U.S. Secretary of Education Miguel Cardona to address the Free Application for Federal Student Aid (FAFSA) form error that is preventing students with contributors, including parents and spouses, who do not have a Social Security number (SSN) from completing the new FAFSA form.

With the passage of the bipartisan FAFSA Simplification Act and the FUTURE Act, the new FAFSA application was supposed to become more efficient and straightforward for the over 17 million students who fill out the form each year. The Department of Education (ED) launched the new FAFSA form in late December 2023, but contributors without SSNs still cannot complete their part of the application. ED pledged to solve the issue by mid-March and has provided a small-scale temporary option that is still preventing impacted students from filing their complete application.

The Senators also called on ED to remedy the incomplete guidance for higher education institutions and students, confusion and misinformation surrounding the form, and the long-term educational impacts of this error.

“We remain concerned about the Department’s plan to address the ongoing error that does not allow for contributors without a Social Security Number (SSN) to complete the FAFSA application, the impact of this error, and how any remedies will be communicated in a culturally relevant manner to impacted students, institutions of higher education, and other student financial aid stakeholders,” wrote the Senators.

“We are concerned that without clear direction from the Department, these students will miss out on opportunities and not be able to finance their higher education,” continued the Senators. “There remains widespread misinformation, a lack of clear communication with students and stakeholders, and no plan to address the long-term impact that this error may have on the educational prospects for some of our most vulnerable students.”

Specifically, the Senators requested answers from ED by March 12, including the timeline for the form fix, how they will address misinformation, what resources they will make available, and what their communication plan will be to all impacted stakeholders, including students in underserved communities and rural areas. They also pushed for a comprehensive, easy-to-find Frequently Asked Question website link and document to help students with contributors who do not have an SSN navigate making updates to their applications.

The letter is endorsed by organizations and stakeholders including the Presidents’ Alliance for Higher Education and Immigration, the Education Trust, the National Education Association (NEA), Hispanic Association of Colleges and Universities (HACU), ImmSchools, National College Attainment Network (NCAN), National Immigration Law Center (NILC), American Federation of Teachers (AFT), the Center for Law and Social Policy (CLASP), and UnidosUS. 

In addition to Senators Padilla and Sanders, Senators Michael Bennet (D-Colo.), Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Laphonza Butler (D-Calif.), Maria Cantwell (D-Wash.), Ben Cardin (D-Md.), Catherine Cortez Masto (D-Nev.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), John Fetterman (D-Pa.), John Hickenlooper (D-Colo.), Mazie Hirono (D-Hawaii), Tim Kaine (D-Va.), Mark Kelly (D-Ariz.), Ben Ray Luján (D-N.M.), Edward J. Markey (D-Mass.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), Jack Reed (D-R.I.), Jacky Rosen (D-Nev.), Chris Van Hollen (D-Md.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), and Ron Wyden (D-Ore.) also signed the letter.

Senator Padilla has consistently advocated on behalf of students to increase their access to higher education. Last month, Padilla joined Sanders, Murray, Representative Robert C. “Bobby” Scott (D-Va.-03), and 105 of their colleagues in calling on Secretary Cardona to urgently address the operational issues and delays with the new FAFSA form. He has also led numerous letters urging President Biden to provide meaningful student debt cancellation, along with multiple letters urging Secretary Cardona to leverage his authority under the Higher Education Act to provide expanded student debt relief to working and middle-class borrowers. Padilla also cosponsored the College for All Act to make college tuition-free and debt-free for working families and introduced the Basic Assistance for Students in College (BASIC) Act to ensure college students are able to meet their basic needs while pursuing their education.

Full text of the letter is available here and below:

Dear Secretary Cardona:

We write to express our gratitude for the Department of Education’s (the Department) commitment to correct errors in the newly released Free Application for Federal Student Aid (FAFSA). However, we remain concerned about the Department’s plan to address the ongoing error that does not allow for contributors without a Social Security Number (SSN) to complete the FAFSA application, the impact of this error, and how any remedies will be communicated in a culturally relevant manner to impacted students, institutions of higher education, and other student financial aid stakeholders.

Each year, students fill out the FAFSA form hoping to secure federal funding for their post-secondary plans. With the passage of the bipartisan FAFSA Simplification Act and the FUTURE Act, the new FAFSA application was supposed to become more efficient and simpler for students to fill out. However, there were multiple errors in the release of the new form, including not allowing students with contributors without SSNs to be able to complete their application.

The students impacted by this error are entitled to apply for federal financial aid, yet through no fault of their own, they are currently being locked out from taking advantage of this opportunity in a timely manner. Across the nation, students, parents, financial aid officers, and advocates are expressing frustration and anger as they attempt to gauge how best to proceed in this unique, complicated situation. However, they are often met with an alarming rate of misinformation, long call center wait times, and excessive barriers to access. We are concerned that without clear direction from the Department, these students will miss out on opportunities and not be able to finance their higher education.

While we were pleased to hear the Department’s announcement that there will finally be a permanent fix to this error by mid-March, and that there is a small-scale temporary option for these students in certain circumstances, we continue to be very concerned. There remains widespread misinformation, a lack of clear communication with students and stakeholders, and no plan to address the long-term impact that this error may have on the educational prospects for some of our most vulnerable students.

We request that the Department respond to the following set of questions by March 12th:

1. On what date does the Department expect to make the announcement about a permanent solution for students with contributors without a SSN?
2. How is the Department addressing misinformation, especially if it leads students and contributors to input incorrect information on their FAFSA forms? How will students be notified if they need to correct their form?
3. How does the Department plan to communicate the finalized fixes to all impacted stakeholders and students, especially those in underserved areas and rural communities who may not have broadband access or direct connection to advocacy organizations that can share these updates?
4. Once the error is fixed, how is the Department planning to craft communications for stakeholders, with the clear steps that need to be taken, to disseminate to impacted applicants? Can the Department provide additional information on how institutions of higher education can request onsite federal assistance?
5. On February 5th, the Department announced it would provide additional federal personnel and expertise to help colleges prepare and process financial aid forms. Will these resources be deployed and available to stakeholders who need additional support to address this error?

We urge the Department to assure students in any notices or outreach that their information and that of their contributor(s) shall be used only for the purposes of determining eligibility or administering aid. We also urge the Department to provide a comprehensive, easy-to-find Frequently Asked Questions website link and document that is timely, easily understood, and culturally relevant to provide much-needed clarity on what students with contributors who do not have a SSN can expect and how they can navigate making updates to their applications.

We thank the Department for its efforts and commitment to addressing our concerns, and we look forward to continuing to work together.

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