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CFPB and DOJ withdraw joint statement on consideration of immigration status under ECOA

Release Date
2026-01-12
Media
Ballard Spahr
Summary
In January 2026, the U.S. Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) withdrew their October 2023 joint statement on the potential civil rights implications of considering immigration status in credit decisions under the Equal Credit Opportunity Act (ECOA).

The agencies explained that the statement may have created the mistaken impression that ECOA or Regulation B restricts creditors from considering immigration or citizenship status, when in fact no such limitation exists. The withdrawal also reflected inconsistency with the CFPB’s revised guidance policy announced in May 2025, under which guidance should be issued only when necessary and when it reduces compliance burdens.

CFPB and DOJ clarified that neither ECOA nor Regulation B prohibits considering an applicant’s immigration or citizenship status, provided it is not used to discriminate on a prohibited basis such as race or national origin. Regulation B explicitly allows creditors to consider immigration status when assessing repayment rights and remedies.

The agencies also acknowledged that examples in the joint statement may have been misleading. In particular, they noted that immigration or citizenship status can present legitimate underwriting risks not resolved by standard financial metrics alone, and that collecting information such as Social Security numbers can be necessary for anti–money laundering and “know your customer” compliance.

Regarding 42 U.S.C. § 1981, the agencies emphasized that withdrawing the statement avoids any misimpression that they were expanding liability under that statute beyond what courts have already recognized.

While welcoming the withdrawal, the authors note that the agencies missed an opportunity to provide practical guidance on how creditors can appropriately consider immigration status—especially in evaluating income continuity and ability-to-repay requirements—thereby leaving some compliance uncertainty unresolved.
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