06/10/2026
On Friday June 5, the Russell Vought-led Consumer Financial Protection ( ) issued a statement advising lenders to consider a borrower’s immigration status in assessing their ability to pay mortgage or credit card loans.
The statement advises lenders that the Truth in Lending Act’s ability-to-repay requirements may obligate them to consider immigration status, especially where removal from the United States may disrupt the consumer’s income. However, the statement is only advisory and even states that “it has no legally binding effect."
“This statement does not and cannot change existing law, which means it cannot impose a hard-and-fast requirement that lenders consider immigration status,” said Alys Cohen, director of housing advocacy and acting co-director of federal advocacy at the National Consumer Law Center (NCLC). “Ironically, in May 2025, the Vought-led CFPB criticized the last Bureau administration for using non-binding guidance.”
New CFPB Advisory Telling Banks To Consider Immigration Status Does Not Create a New Legal Requirement