The bill gives banks clearer federal rules and authority to screen for lawful presence (reducing fraud risk and liability for compliant institutions) but substantially raises the risk of financial exclusion, payment disruptions, privacy exposure, and possible criminal penalties for immigrants and vulnerable customers while increasing compliance costs for institutions.
Banks and other covered financial institutions get clear, uniform federal definitions and standards (e.g., "active account", "covered institution") and explicit authority to check identity/lawful presence, making it easier to implement compliance and reduce money‑laundering and fraud risks.
Financial institutions that follow the statute's listed document rules receive a safe harbor from civil penalties, lowering regulatory risk for banks and credit unions that act in good faith.
Some noncitizens retain access to banking during short transitions: people with recently expired DHS authorizations get limited extra time (e.g., 30–90 day grace windows) and certain applicants (like pending asylum seekers) are exempted, preserving access to accounts temporarily.
Noncitizens and people lacking specific DHS documentation risk having new accounts denied or existing accounts frozen or closed, creating broad financial exclusion for immigrants and low‑income households.
Frozen or closed accounts could interrupt direct deposits (paychecks, benefits, tax refunds) and other payments, causing immediate hardship for households that rely on timely electronic banking.
Criminal penalties (substantial fines and possible imprisonment) create a risk of criminalization for individuals who have paperwork problems or rely on informal account arrangements.
Based on analysis of 3 sections of legislative text.
Requires insured banks and credit unions to verify lawful U.S. presence for accounts and criminalizes opening/maintaining active accounts by certain non‑lawfully present individuals, with exceptions.
Introduced March 25, 2026 by Thomas Bryant Cotton · Last progress March 25, 2026
Requires insured banks and federally insured credit unions to verify that people opening or controlling deposit accounts are lawfully present in the United States, with a 90‑day phased start for new accounts, and makes it a federal crime for people not lawfully present (with narrow exceptions) to open or maintain active deposit accounts. It defines covered institutions and individuals, specifies acceptable immigration documents and certification rules, and sets criminal penalties and exclusions for restricted or recently expired-authority accounts.