Case: National Council of Nonprofits v. McMahon

1:25-cv-13242 | U.S. District Court for the District of Massachusetts

Filed Date: Nov. 3, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the Trump Administration's disqualification of employers who provide services at odds with the administration's political agenda from the Public Service Loan Forgiveness program.  On March 7, 2025, President Trump issued an Executive Order titled “Restoring Public Service Loan Forgiveness", stating that “individuals employed by organizations whose activities have a substantial illegal purpose shall not be eligible for public service loan forgiveness.” The policy aimed to en…

This case challenges the Trump Administration's disqualification of employers who provide services at odds with the administration's political agenda from the Public Service Loan Forgiveness program. 

On March 7, 2025, President Trump issued an Executive Order titled “Restoring Public Service Loan Forgiveness", stating that “individuals employed by organizations whose activities have a substantial illegal purpose shall not be eligible for public service loan forgiveness.” The policy aimed to end the “subsidization of illegal activities, including illegal immigration, human smuggling, child trafficking, pervasive damage to public property, and disruption of the public order, which threaten the security and stability of the United States.” The executive order specifically cited immigration law, terrorism or obstruction of government policy, gender affirming care to minors or other support for transgender children, illegal discrimination, and violations of state tort law. On October 31, 2025, the Department of Education promulgated a Final Rule to disqualify such employers. 

On November 3, the plaintiffs – a group of cities and counties, 501(c)(3) nonprofit organizations, and associations representing public service workers – filed this lawsuit against the Department of Education and the U.S. Secretary of Education, in the United States District Court for the District of Massachusetts. Represented by the Democracy Forward Foundation and Protect Borrowers, the plaintiffs alleged that the Secretary violated the Administrative Procedure Act by issuing a rule that was contrary to and in excess of their statutory authority under the Higher Education Act, that was arbitrary and capricious, that was contrary to the right to free speech, and that was void for vagueness. The plaintiffs sought declaratory and injunctive relief and vacatur of the final rule. The case was assigned to Judge Myong J. Joun. 

This case is ongoing. 

Summary Authors

Zainab Mustafa (11/4/2025)

Related Cases

Commonwealth of Massachusetts v. U.S. Department of Education, District of Massachusetts (2025)

Robert F. Kennedy Center for Justice and Human Rights v. McMahon, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71865156/parties/national-council-of-nonprofits-v-mcmahon/


Attorney for Plaintiff

Alarcon, Molly J. (Massachusetts)

Berkman-Breen, R. T. (Massachusetts)

Cai, Sophia L (Massachusetts)

Chiu, David S. (Massachusetts)

Connolly, Jennifer Fountain (Massachusetts)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-13242

Complaint

Nov. 3, 2025

Nov. 3, 2025

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71865156/national-council-of-nonprofits-v-mcmahon/

Last updated Nov. 28, 2025, 12:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Department of Education, Linda McMahon Filing fee: $ 405, receipt number AMADC-11334963 (Fee Status: Filing Fee paid), filed by American Federation of State, County and Municipal Employees, American Federation of Teachers, Amica Center for Immigrant Rights, City and County of San Francisco, City of Albuquerque, City of Boston, City of Chicago, Coalition for Humane Immigrant Rights, County of Santa Clara, Legal Aid Society of The District of Columbia,, National Association of Social Workers, National Council of Nonprofits, National Education Association, Oasis Legal Services. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit USAO Summons, # 4 Exhibit McMahon Summons, # 5 Exhibit Dep't of Educ. Summons, # 6 Exhibit USAG Summons)(Yu, Persis) (Entered: 11/03/2025)

1 Civil Cover Sheet

View on PACER

2 Category Form

View on PACER

3 Exhibit USAO Summons

View on PACER

4 Exhibit McMahon Summons

View on PACER

5 Exhibit Dep't of Educ. Summons

View on PACER

6 Exhibit USAG Summons

View on PACER

Nov. 3, 2025

Nov. 3, 2025

Clearinghouse
2

ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (SEC) (Entered: 11/03/2025)

Nov. 3, 2025

Nov. 3, 2025

Notice of Case Assignment

Nov. 3, 2025

Nov. 3, 2025

3

Summons Issued as to Department of Education, Linda McMahon. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (SP) (Entered: 11/04/2025)

Nov. 4, 2025

Nov. 4, 2025

4

MOTION for Leave to Appear Pro Hac Vice for admission of Jennifer Fountain Connolly Filing fee: $ 125, receipt number AMADC-11341599 by American Federation of State, County and Municipal Employees, American Federation of Teachers, Amica Center for Immigrant Rights, City of Albuquerque, City of Boston, City of Chicago, Coalition for Humane Immigrant Rights, Legal Aid Society of The District of Columbia,, National Association of Social Workers, National Council of Nonprofits, National Education Association, Oasis Legal Services. (Attachments: # 1 Affidavit Declaration)(Yu, Persis) (Entered: 11/05/2025)

Nov. 5, 2025

Nov. 5, 2025

5

MOTION for Leave to Appear Pro Hac Vice for admission of Sarah Goetz Filing fee: $ 125, receipt number AMADC-11341660 by American Federation of State, County and Municipal Employees, American Federation of Teachers, Amica Center for Immigrant Rights, City of Albuquerque, City of Boston, City of Chicago, Coalition for Humane Immigrant Rights, Legal Aid Society of The District of Columbia,, National Association of Social Workers, National Council of Nonprofits, National Education Association, Oasis Legal Services. (Attachments: # 1 Affidavit Declaration)(Yu, Persis) (Entered: 11/05/2025)

Nov. 5, 2025

Nov. 5, 2025

6

MOTION for Leave to Appear Pro Hac Vice for admission of Victoria S. Nugent Filing fee: $ 125, receipt number AMADC-11341720 by American Federation of State, County and Municipal Employees, American Federation of Teachers, Amica Center for Immigrant Rights, City of Albuquerque, City of Boston, City of Chicago, Coalition for Humane Immigrant Rights, Legal Aid Society of The District of Columbia,, National Association of Social Workers, National Council of Nonprofits, National Education Association, Oasis Legal Services. (Attachments: # 1 Affidavit Declaration)(Yu, Persis) (Entered: 11/05/2025)

Nov. 5, 2025

Nov. 5, 2025

7

MOTION for Leave to Appear Pro Hac Vice for admission of R.T. Winston Berkman-Breen, David S. Nahmias, and Khandice Lofton Filing fee: $ 375, receipt number AMADC-11342006 by American Federation of State, County and Municipal Employees, American Federation of Teachers, Amica Center for Immigrant Rights, City of Albuquerque, City of Boston, City of Chicago, Coalition for Humane Immigrant Rights, Legal Aid Society of The District of Columbia,, National Association of Social Workers, National Council of Nonprofits, National Education Association, Oasis Legal Services. (Attachments: # 1 Certification of R.T. Winston Berkman-Breen, # 2 Certification of David S. Nahmias, # 3 Certification of Khandice Lofton)(Yu, Persis) (Entered: 11/05/2025)

Nov. 5, 2025

Nov. 5, 2025

8

Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 4 Motion for Leave to Appear Pro Hac Vice Added Jennifer Fountain Connolly. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (SP) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

9

Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 5 Motion for Leave to Appear Pro Hac Vice Added Sarah Goetz. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (SP) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

10

Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 6 Motion for Leave to Appear Pro Hac Vice Added Victoria S. Nugent. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (SP) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

11

Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 7 Motion for Leave to Appear Pro Hac Vice Added Winston Berkman-Breen, David S. Nahmias, and Khandice Lofton. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (SP) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

12

MOTION for Leave to Appear Pro Hac Vice for admission of David Chiu, Yvonne R. Mere, Mollie M. Lee, Molly J. Alarcon, and Sophia L. Cai by City and County of San Francisco. (Attachments: # 1 Certification of David Chiu, # 2 Certification of Yvonne R. Mere, # 3 Certification of Mollie M. Lee, # 4 Certification of Molly Alarcon, # 5 Certification of Sophia Cai)(Yu, Persis) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

13

MOTION for Leave to Appear Pro Hac Vice for admission of Tony LoPresti, Kavita Narayan, Meredith A. Johnson, Laura S. Trice, and Tayryn A. Edwards Filing fee: $ 625, receipt number AMADC-11344558 by County of Santa Clara. (Attachments: # 1 Certification of Tony LoPresti, # 2 Certification of Kavita Narayan, # 3 Certification of Meredith A. Johnson, # 4 Certification of Laura S. Trice, # 5 Certification of Tayryn A. Edwards)(Yu, Persis) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

14

NOTICE of Appearance by Victoria S. Nugent on behalf of American Federation of State, County and Municipal Employees, American Federation of Teachers, Amica Center for Immigrant Rights, City of Albuquerque, City of Boston, City of Chicago, Coalition for Humane Immigrant Rights, Legal Aid Society of The District of Columbia,, National Association of Social Workers, National Council of Nonprofits, National Education Association, Oasis Legal Services (Nugent, Victoria) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

RECAP
15

NOTICE of Appearance by Sarah Goetz on behalf of American Federation of State, County and Municipal Employees, American Federation of Teachers, Amica Center for Immigrant Rights, City of Albuquerque, City of Boston, City of Chicago, Coalition for Humane Immigrant Rights, Legal Aid Society of The District of Columbia,, National Association of Social Workers, National Council of Nonprofits, National Education Association, Oasis Legal Services (Goetz, Sarah) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

RECAP
16

Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 12 Motion for Leave to Appear Pro Hac Vice Added David Chiu, Yvonne R. Mere, Mollie M. Lee, Molly J. Alarcon, and Sophia L. Cai. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (SP) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

17

Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 13 Motion for Leave to Appear Pro Hac Vice Added Tony Lopresti, Kavita Narayan, Meredith A. Johnson, Laura S. Trice, and Tayryn A. Edwards. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (SP) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

18

NOTICE of Appearance by R. T. Winston Berkman-Breen on behalf of American Federation of State, County and Municipal Employees, American Federation of Teachers, Amica Center for Immigrant Rights, City of Albuquerque, City of Boston, City of Chicago, Coalition for Humane Immigrant Rights, Legal Aid Society of The District of Columbia,, National Association of Social Workers, National Council of Nonprofits, National Education Association, Oasis Legal Services (Berkman-Breen, R. T. Winston)

Nov. 6, 2025

Nov. 6, 2025

RECAP

Order on Motion for Leave to Appear

Nov. 6, 2025

Nov. 6, 2025

19

NOTICE of Appearance by Jennifer Fountain Connolly on behalf of American Federation of State, County and Municipal Employees, American Federation of Teachers, Amica Center for Immigrant Rights, City of Albuquerque, City of Boston, City of Chicago, Coalition for Humane Immigrant Rights, Legal Aid Society of The District of Columbia,, National Association of Social Workers, National Council of Nonprofits, National Education Association, Oasis Legal Services (Connolly, Jennifer)

Nov. 7, 2025

Nov. 7, 2025

RECAP
20

NOTICE of Appearance by Mollie Mindes Lee on behalf of City and County of San Francisco (Lee, Mollie)

Nov. 7, 2025

Nov. 7, 2025

RECAP
21

NOTICE of Appearance by David S. Chiu on behalf of City and County of San Francisco (Chiu, David)

Nov. 7, 2025

Nov. 7, 2025

RECAP
22

NOTICE of Appearance by Yvonne Mere on behalf of City and County of San Francisco (Mere, Yvonne)

Nov. 7, 2025

Nov. 7, 2025

RECAP
23

NOTICE of Appearance by Sophia L Cai on behalf of City and County of San Francisco (Cai, Sophia)

Nov. 7, 2025

Nov. 7, 2025

RECAP
24

NOTICE of Appearance by David Sidney Shaffer Nahmias on behalf of American Federation of State, County and Municipal Employees, American Federation of Teachers, Amica Center for Immigrant Rights, City of Albuquerque, City of Boston, City of Chicago, Coalition for Humane Immigrant Rights, Legal Aid Society of The District of Columbia,, National Association of Social Workers, National Council of Nonprofits, National Education Association, Oasis Legal Services (Nahmias, David) (Entered: 11/10/2025)

Nov. 10, 2025

Nov. 10, 2025

RECAP
25

NOTICE of Appearance by Molly J. Alarcon on behalf of City and County of San Francisco (Alarcon, Molly) (Entered: 11/10/2025)

Nov. 10, 2025

Nov. 10, 2025

RECAP
26

NOTICE of Appearance by Laura Trice on behalf of County of Santa Clara (Trice, Laura) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

RECAP
27

NOTICE of Appearance by Khandice Renee Lofton on behalf of American Federation of State, County and Municipal Employees, American Federation of Teachers, Amica Center for Immigrant Rights, City and County of San Francisco, City of Albuquerque, City of Boston, City of Chicago, Coalition for Humane Immigrant Rights, County of Santa Clara, Legal Aid Society of The District of Columbia,, National Association of Social Workers, National Council of Nonprofits, National Education Association, Oasis Legal Services (Lofton, Khandice) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

RECAP
28

NOTICE of Appearance by Meredith Johnson on behalf of County of Santa Clara (Johnson, Meredith)

Nov. 14, 2025

Nov. 14, 2025

RECAP
29

Filing fee/payment: $ 625.00, receipt number 100013700 for 12 MOTION for Leave to Appear Pro Hac Vice for admission of David Chiu, Yvonne R. Mere, Mollie M. Lee, Molly J. Alarcon, and Sophia L. Cai (LBO) (Entered: 11/21/2025)

Nov. 21, 2025

Nov. 21, 2025

Filing Fee/Payment Received

Nov. 21, 2025

Nov. 21, 2025

30

NOTICE of Appearance by Heidy L Gonzalez on behalf of Department of Education, Linda McMahon (Gonzalez, Heidy) (Entered: 11/24/2025)

Nov. 24, 2025

Nov. 24, 2025

RECAP

Case Details

State / Territory:

Massachusetts

Case Type(s):

Education

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Nov. 3, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are a group of cities and counties, 501(c)(3) nonprofit organizations, and associations representing nurses, teachers, social workers, government employees, and other professionals who serve communities across the United States.

Plaintiff Type(s):

City/County Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Linda McMahon, Secretary of Education (District of Columbia), Federal

Department of Education (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

District of Massachusetts 1:25-cv-13242

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Education

Funding

Government services