Overview
On January 12, 2026, the Consumer Financial Protection Bureau (CFPB) withdrew a previous 2023 joint statement by the CFPB and the Department of Justice (DOJ) on the treatment of immigration status under the Equal Credit Opportunity Act (ECOA).[1] This comes after the CFPB submitted a notice to the White House Office of Information and Regulatory Affairs in December 2025 that it planned to withdraw the prior joint statement.[2] Previously, in May 2025, the CFPB had also withdrawn a number of prior guidance documents, many of which interpreted the ECOA or Regulation B (Reg B).
2023 Joint Statement
The 2023 joint statement issued by the CFPB and DOJ provided guidance on a creditor’s consideration of an individual’s immigration status under ECOA.[3] Neither ECOA nor Reg B expressly prohibit the consideration of immigration status, and Reg B explicitly provides that a creditor may consider an applicant’s immigration or permanent residency status, especially to "ascertain creditor's rights and remedies regarding repayment."[4] Nevertheless, the CFPB and DOJ stated that ECOA and Reg B "do prohibit creditors from using immigration status to discriminate on the basis of national origin, race, or any other protected characteristic."[5]
The CFPB and DOJ therefore recommended that "creditors should evaluate whether their reliance on immigration status . . . is necessary or unnecessary to ascertain their rights or remedies regarding repayment" and argued that, if creditors are not evaluating immigration status for that purpose or to meet other legal obligations, then they "may risk engaging in unlawful discrimination."[6] Likewise, the "overbroad consideration of certain criteria — such as how long a consumer has had a Social Security Number — may implicate or serve as a proxy for citizenship or immigration status."[7] While neither the CFPB nor DOJ held that considering immigration status, even for purposes other than ascertaining rights or remedies or meeting legal obligations, was per se unlawful discrimination, the joint statement warned that they might be so construed by the agencies in certain contexts.
2026 Withdrawal
The 2026 notice of withdrawal rescinds the 2023 joint statement.[8] The CFPB argued that the joint statement's focus on the risks of considering an applicant's immigrant status "may have created the impression that" such consideration was unlawful under ECOA or the joint statement, despite the fact that it is explicitly permitted under Reg B. The CFPB also argued that such an impression "may also create confusion as to how creditors may consider immigration status while managing credit and compliance risks."[9] It took issue, for example, with the 2023 joint statement highlighting the length of time a consumer may have had a Social Security Number, which it considered "important to a creditor's compliance with anti-money laundering or Know Your Customer requirements."[10] It also criticized other illustrative examples on generally the same basis, i.e., for creating the impression that certain legally permissible practices are discouraged.
The CFPB ultimately held that the 2023 joint statement was unnecessary, did not mitigate any unnecessary compliance burdens, and did not meet current standards for the issuance of guidance.[11] As no reliance interests compelled the retention of the joint statement, as it was non-binding, the CFPB and DOJ withdrew the 2023 joint statement.[12]
Takeaways
Ultimately, the original 2023 joint statement was non-binding. It did not impose any new requirements under ECOA or Reg B, and in any case was only a warning that the consideration of immigration or noncitizen status, including through proxy, may be considered unlawful discrimination if it is itself a proxy for consideration of a protected class such as race, color, or national origin. But set against a then-backdrop of scrutiny of industry treatment of immigrants, it had a chilling effect.
Certain practices that may have seemed discouraged under the 2023 joint statement, such as considering the length of time an applicant has held a Social Security Number, now appear permissible following that statement's withdrawal. The CFBP's withdrawal follows its November 2025 proposed rulemaking to eliminate the use of "disparate impact" theory under ECOA and Reg B.[13] Although federal standards may be relaxing, marketing and underwriting practices concerning immigrants remain subject to potential scrutiny by states under disparate impact theory.
[1]Withdrawal of Joint Statement on the Equal Credit Opportunity Act and Noncitizen Borrowers, 91 Fed. Reg. 1138 (Jan. 12, 2026), https://www.federalregister.gov/documents/2026/01/12/2026-00328/withdrawal-of-joint-statement-on-the-equal-credit-opportunity-act-and-noncitizen-borrowers.
[2]Evan Weinberger, CFPB Plans to Scrap Biden-Era Policy on Noncitizen Fair Lending, Bloomberg Law (Dec. 19, 2025), https://news.bloomberglaw.com/banking-law/cfpb-plans-to-scrap-biden-era-policy-on-noncitizen-fair-lending.
[3]Joint Statement on Fair Lending and Credit Opportunities for Noncitizen Borrowers Under the Equal Credit Opportunity Act, 88 Fed. Reg. 71845 (Oct. 18, 2023).
[4]12 C.F.R. 1002.6(b)(7).
[5]88 Fed. Reg. at 71845.
[6]88 Fed. Reg. at 71846 (emphasis added).
[7]Id.
[8]See 91 Fed. Reg. at 1138.
[9]Id.
[10]Id.
[11]See id. at 1139.
[12]See id.
[13]See Equal Credit Opportunity Act (Regulation B), 90 Fed. Reg. 50901 (Nov. 13, 2025).
