Trump Cancels Biden Rules Forcing Banks to Give Loans to Illegals
The Trump administration has reversed a Biden-era policy that barred banks from factoring immigration status into loan and credit decisions, a move that reshapes how lenders assess risk across mortgages, auto loans, and credit cards.
Federal officials confirmed Monday that the Consumer Financial Protection Bureau and the Justice Department rescinded guidance issued under President Biden that instructed financial institutions to disregard a borrower’s immigration status when reviewing applications. The change, first reported by Bloomberg, effectively removes a requirement that had governed a wide range of consumer lending.
Under the previous administration, officials argued that weighing immigration status in credit decisions could violate anti-discrimination laws designed to guarantee fair and equal access to lending.
The Biden guidelines were promoted as a way to help undocumented immigrants and temporary visa holders put down roots in local communities, including by making it easier to obtain financing for housing, vehicles, and rental arrangements.
The Trump administration, however, concluded that the policy exceeded its legal bounds. Officials said the guidance improperly limited lenders and that taking immigration or residency status into account does not conflict with the Equal Credit Opportunity Act of 1974.
“We are correcting the last administration’s attempt to ignore these well-accepted and common-sense principles of our nation’s fair lending laws,” acting CFPB Director Russell Vought said on Monday.
During Biden’s term, regulators cautioned lenders that “unnecessary or overbroad reliance on immigration status” “may run afoul of ECOA’s antidiscrimination provisions.” The Trump administration’s review determined that this position lacked a firm basis in either statute or regulation.
“This administration is restoring alignment with established federal civil rights law rather than continuing the prior administration’s ideologically-driven departures,” said Harmeet K. Dhillon, Trump’s assistant attorney general for the Justice Department’s Civil Rights Division.
When the rule was unveiled in 2023, it sparked immediate backlash from Republicans, including then-Ohio Sen. JD Vance, now vice president, who criticized the policy as detached from financial reality and called the consideration of immigration status in lending decisions “nothing short of common sense.”
In a November 2023 letter signed by Vance and “every other Republican on the Senate Banking Committee,” lawmakers warned that lenders face heightened risk when borrowers may not remain in the country or under U.S. jurisdiction. “A borrower’s likelihood of repayment significantly falls if there is no guarantee that they will be residing in the same community, let alone the same country or legal system,” the letter stated.
Vance echoed those concerns in a separate press release at the time. “Financial institutions are right to be concerned that they may never see a return on loans issued to illegal immigrants,” then-Sen. Vance said. “If someone is deported to their home country, how is a bank in Ohio supposed recoup the loan it was forced to issue? The federal government should be cracking down on illegal immigration — not encouraging more of it.”
{Matzav.com}
