The October 12, 2023 CFPB–DOJ joint statement explained that the Equal Credit Opportunity Act (ECOA) and its Regulation B do not expressly forbid lenders from considering immigration or citizenship status, and that a creditor may consider an applicant’s immigration status when it is necessary to determine the creditor’s rights and remedies for repayment. However, it cautioned that “unnecessary or overbroad reliance” on immigration or citizenship status in credit decisions can violate ECOA and Regulation B if it results in discrimination on protected bases such as race or national origin, or uses immigration status as a proxy for those traits. The statement urged creditors to ask whether their use of immigration/citizenship/alienage status is truly needed to assess repayment or comply with other binding laws and warned that blanket refusals to lend to particular noncitizen groups, or extra documentation or in‑person requirements applied only to some noncitizens, may be unlawful discrimination and could also implicate 42 U.S.C. § 1981 (which prohibits certain forms of alienage discrimination in contracting).
According to the CFPB and DOJ, they withdrew the joint statement mainly because:
• It might have created the impression that ECOA or Regulation B limit or prohibit lenders from considering immigration or citizenship status, even though the regulations expressly allow such consideration so long as it is not used to discriminate on a prohibited basis.
• They wanted to avoid any potential conflict or confusion with the text of ECOA and Regulation B and to clarify that there is no additional limitation beyond what those authorities already provide.
• Under the CFPB’s revised 2025 policy on guidance, the Bureau aims to issue guidance only when necessary and when it reduces (rather than adds to) compliance burdens; it concluded that the joint statement was unnecessary guidance and could be read as requiring new or increased compliance efforts.
• They also sought to correct any misimpression that the joint statement expanded liability under 42 U.S.C. § 1981 beyond what courts have already recognized.
Both agencies state that ECOA and Regulation B remain in force as written, and that consumers’ rights under ECOA are unchanged by the withdrawal.
ECOA itself lists the protected characteristics on which creditors may not discriminate: race, color, religion, national origin, sex, marital status, age, receipt of public assistance, and exercise of certain consumer rights. Citizenship or immigration status is not listed as a protected class in the statute.
Regulation B, which implements ECOA, allows creditors to consider “any information” so long as it is not used to discriminate on a prohibited basis. It explicitly states that a creditor may consider an applicant’s immigration status or status as a permanent resident and any additional information needed to determine the creditor’s rights and remedies regarding repayment (12 C.F.R. § 1002.6(a), (b)(7)).
The 2023 CFPB–DOJ joint statement clarified that while ECOA and Regulation B do not forbid considering immigration status, creditors cannot use immigration or citizenship status in a way that results in discrimination based on protected characteristics (such as using it as a proxy for national origin or race) or otherwise violates ECOA or related civil-rights laws.
Formally, the withdrawal does not change the legal standards that apply to lenders. ECOA and Regulation B remain the same, and both before and after the withdrawal:
• Creditors are still allowed to consider immigration or citizenship status when it is relevant to repayment risk or needed to comply with other laws, as Regulation B permits.
• Creditors are still prohibited from discriminating on protected bases (race, national origin, etc.) or using immigration or citizenship status as a proxy for those traits in ways that violate ECOA or other civil-rights laws.
The agencies emphasize in the withdrawal notice that the 2023 joint statement was non‑binding guidance and that its removal does not create new liability, remove existing liability, or change consumers’ rights under ECOA; creditors who aligned their practices with that guidance can continue doing so. The main practical effect is that lenders and regulators now look directly to ECOA, Regulation B, and case law, rather than to the withdrawn joint statement, when evaluating noncitizen lending and enforcement issues.
Under ECOA and related fair‑lending laws, the CFPB and DOJ have complementary but distinct roles:
• CFPB (Consumer Financial Protection Bureau)
– Writes and interprets Regulation B, ECOA’s implementing regulation.
– Supervises banks and many nonbank lenders for ECOA/fair‑lending compliance, conducts examinations, and issues non‑binding guidance.
– Brings administrative or civil enforcement actions against lenders and others that violate ECOA and other consumer‑finance laws.
• DOJ (Department of Justice, Civil Rights Division)
– Enforces ECOA in court where there is evidence of a “pattern or practice” of discrimination, often based on referrals from regulators like the CFPB and banking agencies (15 U.S.C. § 1691e(h)).
– Also enforces the Fair Housing Act in mortgage‑related cases and may sue under both ECOA and the Fair Housing Act when credit discrimination involves housing.
– Brings civil actions and negotiates settlements and consent orders to remedy systemic discriminatory lending (e.g., redlining or discriminatory pricing).
Both agencies coordinate closely on fair‑lending matters and jointly issue or withdraw statements, such as the one at issue here.
The withdrawn materials and related notices are available from official government sources:
• Original joint statement (now withdrawn):
– Published in the Federal Register on October 18, 2023, as “Joint Statement on Fair Lending and Credit Opportunities for Noncitizen Borrowers Under the Equal Credit Opportunity Act” (88 Fed. Reg. 71845).
– Text available via the Government Publishing Office: https://www.govinfo.gov/content/pkg/FR-2023-10-18/html/2023-22968.htm
• Withdrawal notice (formal rescission):
– Published in the Federal Register on January 12, 2026, as “Withdrawal of Joint Statement on the Equal Credit Opportunity Act and Noncitizen Borrowers” (91 Fed. Reg. 1138).
– Text available at: https://www.govinfo.gov/content/pkg/FR-2026-01-12/html/2026-00328.htm
• CFPB press release and archive:
– CFPB’s January 12, 2026 press release announcing the withdrawal, which links to the Federal Register notice and provides context: https://www.consumerfinance.gov/about-us/newsroom/consumer-financial-protection-bureau-and-the-department-of-justice-withdraw-joint-statement-on-fair-lending-and-credit-opportunities-for-noncitizen-borrowers/
– That page also includes a link to the CFPB’s public archive for viewing older versions of the page and related materials.