On Jan. 12, 2026, The Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) withdrew their 2023 joint statement on fair lending and credit opportunities for noncitizen borrowers. Back on Oct. 12, 2023, the agencies published a joint statement cautioning that creditor policies related to an applicant’s immigration or citizenship status could run afoul of the Equal Credit Opportunity Act’s (ECOA) and Regulation B’s prohibition of discrimination on the basis of protected classes, including race and national origin. 

In a statement from CFPB Acting Director Russell Vought, he noted, "For decades, ECOA regulations have permitted lenders to consider a borrower’s lawful residence status and other information necessary to protect their rights and remedies with respect to repayment.” The agencies believe their withdrawal is appropriate to avoid any confusion that lenders may legitimately consider immigration status under several circumstances, including when necessary to avoid financial risks and to comply with other laws.

Doeren Mayhew’s compliance pros will continue to monitor updates impacting financial institutions and their compliance with applicable laws and regulations.