Summary of Statement on Ability To Repay and Immigration Status and Interagency Guidance on Lending to Individuals Not Legally Authorized to Work in the United States
Updated 07/21/2026
This summary covers two guidance documents that were released following the issuing of an Executive Order relating to how immigration status may affect a loan borrower’s repayment ability. The Consumer Financial Protection Bureau (CFPB) released a statement affirming existing rules and commentary under Regulation Z, while emphasizing that under the standing regulation, banks may be obligated to consider immigration status as a factor in a borrower’s expected repayment ability. Subsequent interagency guidance was issued by the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), and the National Credit Union Administration (NCUA) which closely mirrors and affirms the CFBP’s statement.
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