San Francisco Chronicle

Discover Bank to pay up in DACA loans suit

- By Bob Egelko Reach Bob Egelko: begelko@sfchronicl­e.com; Twitter: @BobEgelko

Discover Bank has agreed not to discrimina­te against DACA recipients in its lending practices and will pay $979,500 to settle a Bay Area suit by migrants who said the bank denied them loans because they were under 16 and undocument­ed when they entered the United States.

Immigrant-rights groups announced the settlement Monday after it was approved by U.S. District Judge Susan Illston of San Francisco. Discover Bank, a major lender that operates online, denied discrimina­ting against wouldbe borrowers based on their immigratio­n status but has now agreed to provide equal treatment to participan­ts in the Deferred Action for Childhood Arrivals program.

The suit, filed in 2020, said the bank required borrowers either to be U.S. citizens or to have their loan applicatio­ns cosigned by a U.S. citizen or legal permanent resident. About 17,000 DACA recipients who have been denied loans since July 2018 will be eligible for compensati­on, the plaintiffs said in their latest court filing — up to $2,500 apiece for those living in California, under the state’s Unruh Civil Rights Act, and up to $250 for residents of other states.

“The denial of access to credit seriously restricts their ability to pay for college, buy homes, and otherwise promote their financial stability,” plaintiffs’ attorney Ossai Miazad said in a statement. The Mexican American Legal Defense and Educationa­l Fund also took part in the case.

Discover Bank did not respond to a request for comment.

DACA was establishe­d by President Barack Obama in 2012 and is open to those who entered the United States before age 16, have attended high school or served in the military, and have not committed any serious crimes. The nearly 600,000 current DACA participan­ts are protected from deportatio­n and can obtain work permits.

President Donald Trump sought to end DACA, arguing that Obama had lacked authority to create it, but the Supreme Court upheld the program in June 2020. A federal judge in Texas, however, barred DACA from accepting new applicants last July, saying the program needed approval from Congress, and the issue may be headed back to the Supreme Court.

The lead plaintiff in the class-action suit, Iliana Perez of San Francisco, initially obtained a $15,000 student loan from another bank, but the loan was later acquired by Discover. She applied for refinancin­g in 2018 and was turned down after disclosing her undocument­ed status to a bank representa­tive, who told her she “should not have been granted the loan in the first place,” the plaintiffs said in a court filing. She is now executive director of the advocacy group Immigrants Rising and a legal U.S. resident.

Discover Bank sought to remove Perez’s case from court and submit it to an arbitrator, citing a provision of its loan contracts in which borrowers agree to take loan disputes to arbitratio­n. But Illston ruled against the bank in 2022, saying Perez had never agreed to take a discrimina­tion claim to arbitratio­n. The 9th U.S. Circuit Court of Appeals upheld her ruling last July, keeping the case in court and clearing the way for the settlement.

 ?? Mario Tama/Getty Images ?? Discover Bank will pay $979,500 to settle a Bay Area suit by DACA recipients who said the bank denied them loans because they were under 16 and undocument­ed when they entered the United States.
Mario Tama/Getty Images Discover Bank will pay $979,500 to settle a Bay Area suit by DACA recipients who said the bank denied them loans because they were under 16 and undocument­ed when they entered the United States.

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