# 2026-00328: CFPB and DOJ Pull Noncitizen Borrower Credit Guidance

2026-00328, Withdrawal of Joint Statement on the Equal Credit Opportunity Act and Noncitizen Borrowers, is a Federal Register notice from Consumer Financial Protection Bureau published 2026-01-12, effective 2026-01-12 (as of 2026-06-08).

- Canonical: https://policyrisk.com/federal-register/2026-00328
- As of: 2026-06-08
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-00328
- Title: Withdrawal of Joint Statement on the Equal Credit Opportunity Act and Noncitizen Borrowers
- Type: Notice
- Agencies: Consumer Financial Protection Bureau
- Citation: 91 FR 1138
- Published: 2026-01-12
- Effective: 2026-01-12
- Comments close: not stated
- Significant: no
- Touches household money: no
- Regulation identifier numbers: none
- Last updated: 2026-06-08

## In one line

CFPB and DOJ Pull Noncitizen Borrower Credit Guidance

## 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.

## Abstract

The Consumer Financial Protection Bureau (Bureau) and Department of Justice (DOJ) are withdrawing a 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).

## Effects PRIA read

- Withdrawal of 2023 Guidance on Noncitizen Borrowers: mixed, low. 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 o…
- Regulation B Allows Immigration Status Consideration: cost, low. 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 consideratio…
- No New Costs or Legal Changes Introduced: benefit, low. 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.

## Related documents

- [2026-08494](https://policyrisk.com/federal-register/2026-08494): Small Business Lending Under the Equal Credit Opportunity Act (Regulation B), 2026-05-01
- [2026-07804](https://policyrisk.com/federal-register/2026-07804): Equal Credit Opportunity Act (Regulation B), 2026-04-22
- [2025-19864](https://policyrisk.com/federal-register/2025-19864): Equal Credit Opportunity Act (Regulation B), 2025-11-12
- [2025-19865](https://policyrisk.com/federal-register/2025-19865): Small Business Lending Under the Equal Credit Opportunity Act (Regulation B), 2025-11-12
- [2025-19687](https://policyrisk.com/federal-register/2025-19687): Rules of Practice for Adjudication Proceedings, 2025-10-29
- [2025-19689](https://policyrisk.com/federal-register/2025-19689): Registry of Nonbank Covered Persons Subject to Certain Agency and Court Orders; Rescission, 2025-10-29

## Sources
- [2026-00328 on federalregister.gov](https://www.federalregister.gov/documents/2026/01/12/2026-00328/withdrawal-of-joint-statement-on-the-equal-credit-opportunity-act-and-noncitizen-borrowers)
- [2026-00328 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-01-12/pdf/2026-00328.pdf)

## Related
- [Previous: 2026-00325, Use of Bayesian Methodology in Clinical Trials of Drug and Biological Products;…](https://policyrisk.com/federal-register/2026-00325)
- [Next: 2026-00329, Center for Scientific Review; Notice of Closed Meetings](https://policyrisk.com/federal-register/2026-00329)
- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-00328 (as of 2026-06-08).