discrimination banking
Can a US bank disallow a lawful permanent US resident from opening an account?
<p>Can a US bank disallow a lawful permanent US resident (LPR) from opening an account?</p>

<p>Definition of lawful permanent US resident:</p>

<blockquote>
  <p>Lawful permanent residents (LPRs), also known as “green card” holders,
  are non-citizens who are lawfully authorized to live permanently
  within the United States.</p>
</blockquote>

<p><a href="https://www.fdic.gov/regulations/laws/rules/5000-3860.html" rel="nofollow noreferrer">FDIC Regulation 500</a> prohibits discrimination in making loans on the basis of "National origin" but not on the basis of immigration status. <a href="https://www.thenation.com/article/why-is-bank-of-america-asking-clients-about-their-citizenship/" rel="nofollow noreferrer">This story from <em>The Nation</em></a> says that Bank of America is denying accounts to non-citizens, and arguing  that it is legal because of increased risks, although there are current court challenges to this. <a href="https://www.venable.com/lawsuit-claiming-discrimination-by-lender-on-basis-of-immigration-status-survives-dismissal-09-18-2017/" rel="nofollow noreferrer"><em>Perez v. Wells Fargo Bank, N.A</em></a> is a case now pending challenging loan denials based on immigration status. This has particularly come up in regard to DACA recipients, rather than people with LPR status. </p>

<p>The US "public accommodation" laws probably do not apply, as a bank is not usually considered a place of public accommodation. Any specific state laws prohibiting discrimination on the basis of immigration status might apply. </p>

<p>In short, this is an issue still not clearly settled. There seems to be no law or regulation requiring banks to ask for citizenship information, much less to deny accounts based on it, and it would be well to seek a bank with a different policy if possible.</p>

<p>The above is very US-specific. Many countries do limit banking access based on citizenship, i understand.</p>

<p>I am not a lawyer, and this is not legal advice. Before challenging any bank action, you may well wish to seek advice from a lawyer.</p>

<p>If this is a bank with a physical facility, it would be illegal to distinguish between lawful permanent residents and citizens. <a href="https://www.law.cornell.edu/uscode/text/42/2000a" rel="nofollow noreferrer">42 USC 2000a</a> prohibits discrimination in places of public accommodation, when the basis of the discrimination is race, color, religion, or national origin. This law is written to apply to <em>places</em>, but not online services, and it is not yet settled at the highest level how this law applies to web businesses.  <a href="https://law.justia.com/cases/federal/appellate-courts/F3/145/601/470162/" rel="nofollow noreferrer">Ford v. Schering-Plough Corp.</a>, 145 F.3d 601 (3d. Cir.) supports the view that a "public accommodation" is a physical place. <a href="https://law.justia.com/cases/federal/appellate-courts/F3/37/12/509454/" rel="nofollow noreferrer">Carparts Distrib. Ctr. v. Automotive Wholesaler’s Ass’n</a>, 37 F.3d 12 (1st Cir.) disagrees, so it would depend on which federal circuit the issue arose in.</p>
