CFPB and DOJ Pull Noncitizen Borrower Credit Guidance
Published Date: 1/12/2026
Notice
Summary
The Consumer Financial Protection Bureau and the Department of Justice are pulling back their October 2023 statement about how lenders should treat noncitizen borrowers under the Equal Credit Opportunity Act. This change affects lenders and noncitizen applicants by removing previous guidance on immigration status and credit decisions, effective January 12, 2026. No new costs or deadlines for borrowers or lenders are introduced, but everyone should watch for future updates.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
Withdrawal of 2023 Guidance on Noncitizen Borrowers
The Consumer Financial Protection Bureau and Department of Justice withdrew their October 12, 2023 joint statement about how creditors should treat noncitizen borrowers under the Equal Credit Opportunity Act. The withdrawal is effective January 12, 2026 and removes that prior non-binding guidance on immigration status and credit decisions for lenders and noncitizen applicants.
Regulation B Allows Immigration Status Consideration
The agencies stated that nothing in the Equal Credit Opportunity Act or Regulation B prohibits a creditor from considering an applicant's immigration or citizenship status when evaluating credit. The notice cites 12 CFR 1002.6(a) and 1002.6(b)(7) and says Regulation B expressly permits consideration of immigration or citizenship status for certain purposes.
No New Costs or Legal Changes Introduced
The agencies say the withdrawal does not create new liabilities, rights, costs, or deadlines for borrowers or lenders and that consumers' rights under ECOA are unchanged. Creditors that structured operations consistent with the joint statement may continue to operate in that manner without penalty.
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