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Original Date Announced
January 12, 2026The Consumer Financial Protection Bureau (CFPB) published a notice in the Federal Register that, along with DOJ, it withdrew a 2023 joint statement warning lenders against considering immigration or citizenship status in credit card, auto loan, mortgage, and other credit applications. The agencies note that the joint statement created the impression that the Equal Credit Opportunity Act (ECOA) or the statement itself imposed limitations on considering immigration status or citizenship when evaluating a credit application, and they are withdrawing that statement to correct any misimpression.
Under the ECOA's Regulation B, ‘‘[a] creditor may take the applicant’s immigration status into account,’’ and ‘‘may consider the applicant’s immigration status or status as a permanent resident of the United States, and any additional information that may be necessary to ascertain the creditor’s rights and remedies regarding repayment.’’
[Trump 2.0 ID #2169]
2025.01.12 CFPB - Withdrawal of Joint Statement on the Equal Credit Opportunity Act and Noncitizen BorrowersEffective Date
January 12, 2026Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: CitizenshipAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
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Commentary
2026.01.12 US Axes Biden-Era Guidance on Credit Borrower Immigration Status - Bloomberg Law
Bloomberg Law reports that CFPB and DOJ stated that a 2023 Biden-era joint statement warning against broad reliance on immigration or residency status lacked a legal basis and conflicted with the Equal Credit Opportunity Act, which permits consideration of immigration status. Acting CFPB Director Russel Vought said the move corrects an improper interpretation of fair-lending laws. Bloomberg Law notes that the reversal comes as CFPB moves to roll back fair-lending enforcement amid a broader immigration crackdown.
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