On January 12, 2026, the CFPB and the DOJ withdrew their joint statement issued in October 2023 regarding the implications of a creditor's consideration of an individual's immigration status under the Equal Credit Opportunity Act (ECOA). The joint statement was issued to remind financial institutions that all credit applicants are protected from discrimination on the basis of their national origin, race, and other characteristics covered by the ECOA, regardless of their immigration status.
The agencies are withdrawing the joint statement for the following reasons:
The joint statement did not interpret ECOA or Regulation B, both of which generally allow creditors to consider immigration or citizenship status, and Regulation B expressly permits such consideration for certain purposes;
By emphasizing potential discrimination risks, the joint statement may have wrongly implied that ECOA or the statement itself limits consideration of immigration or citizenship status in credit decisions;
No such legal limitation exists, and withdrawing the joint statement is intended to correct that misimpression;
Under the Bureau’s revised guidance policy announced in May 2025, guidance is avoided when unnecessary or when it increases compliance burdens; and
The Bureau determined that additional guidance beyond Regulation B is unnecessary and that the joint statement could have been understood to require new or increased compliance efforts, making rescission appropriate.
The full Notice can be found here.