The CFPB and Department of Justice recently withdrew a Joint Statement issued back in October 2023 that addressed whether immigration status could be taken into consideration with respect to a credit transaction. The Joint Statement cautioned that consideration of an applicant’s immigration status could, in certain circumstances, violate Regulation B.
The CFPB has determined that the Joint Statement does not meet its current standards for regulatory guidance, deeming it “unnecessary” and potentially confusing since §1002.6(7) of Regulation B specifically permits a creditor to do so.
It was noted that ...creditors who have structured their operations consistent with the joint statement's comments on compliance risks can continue to operate in that manner without penalty and, given that the joint statement was non-binding on the public or courts, consumers' rights under ECOA are unchanged. In other words, if you made changes to your loan policies and procedures to align with the October 2023 Joint Statement you may continue to follow them. On the other hand, if your institution wants to consider the potential risks associated with immigration status as part of your underwriting processes, you may do that as well, as long as it’s not used on a prohibited basis.
Our recommendation, regardless of which path you take, would be to ensure that you have some kind of roadmap for your lenders to follow to ensure it is being applied consistently.
Published
2026/02/02
