??nitt? ?ares E?tnatt WASHINGTON, DC 20510 October I, 2018 Brian T. Moynihan, CEO Bank of America 100 North Tryon Street Charlotte, NC 28255 Dear Mr. Moynihan: We are alarmed by recent reports that Bank of America is requesting customers? citizenship status, and unjustly freezing customers? accounts.' In our current climate, where immigrant communities face severe consequences for disclosing their citizenship status, Bank of America?s practice of inquiring about account holders? citizenship status is especially troubling and we respectfully request information about the bank?s policy. According to several reports from Bank of America customers, the bank is demanding their customers provide information about their citizenship status and is freezing their accounts if the account holder fails to respond.2 Consumers are understandably surprised by the request for citizenship information since they provided all personally identifiable information required by Bank of America at the time the account was initially opened. Reportedly, if Bank of America determines that customers have not or adequately responded to the inquiry, they lose access to their funds and are consequently left with only the amount of cash. they have on hand. Without access to their bank accounts, many consumers are unable to complete essential transactions such as making rent and utility payments or paying for childcare and medical costs. Bank of America has stated that the citizenship information is needed to meet ?anti-money laundering, economic sanctions restrictions? requirements.3 However, we are aware of no federal law that prohibits institutions from providing ?nancial services, including maintaining cpen accounts, to noncitizens. Additionally, according to the Of?ce of the Comptroller of the Currency, a consumer is not required to show proofof citizenship to open a bank account.4 Furthermore, it is deeply concerning that a private institution is choosing to ask about the citizenship status of their customers, and cataloging such information without reason, in this current anti?immigrant environment. As you know, this Administration is targeting immigrants by launching a denaturalization task force, ending Temporary Protected Status for a number of countries, halting protections for Dreamers by rescinding the Deferred Action for Childhood Rob Wile, He is been .S'J?Haj?fng in the US. fegal'b?for 7 years. Bonk ofA merr'ca??oze his account anyway, MIAMI 3 Rachel Siegel, Areyon a US. cfu?zen? This quesn?on locked a Kansas couple on! ofa bank account, WASH. POST, July 3 . 20 3, itixen?thmaceration?locked: 1cm. sas 3 Id. 4 Rob lJr?ile, He is been .mrafw'ng rhe US. (egaliyfor 7 years. Bank ofAmerrca?-oze his account anyway, MIAMI HERALD, August 30, 2018, 7095. i Eilmnl. Page-2 Arrival-s Program, cultailing harming immigrant families through its- t?aited zero tolerance policy-"that resulted in the separation of thousands of. children from their parents. Bank of intentionally-or not, have added. to'the'envirotnnent.offear in the-.immi grant community lalld'l'l?lay create aresource; for farther targeting-of immi grant communitiesby-this Administration. - I To fully .understandBank of America?s policy and. the reasoning behind; pursuing 'thecitizensh?ip- inquiries, sire-respectfully request responses to.- the following-questionsHow does-the. Twhich cuStotners-to ask- for citizenship information? When didiBank of America begin'requesting- citizenship. infonnation from holders?- What speci?c-type .of information is-Banlr -aSk-ing- fer in-their inquiries? P'leaSe provide copies of letters, emails? or other. eorr.esp0ndence o'fthe requests .th'atBank of America has sent to its customers. In addition; please provide any scree-ns?hots or similar representation of online that request such-information. From how in any account holders ha?sz'B'anli of America Sought citizenshipinformation?- Pleasepr?oVide numbers. Has .the Departn'ientof Treasury: .the Of?ce of the Comptroller of the Currency or any. other government'agency o'f'Am?erica- to initiateinquiries regarding customers? citizenship. stat-us? Please cite-the speci?c statutes or regulations that stic'h citizenship information iis-des'igned to respond to? Please Specify if sUch?"requirementsapply to new. or existing tic?Counts. What does Bank of America-deem to be a satisfactory artSw'er when it inquires about an- accOunt holder?s citizenshipfstatus'? What spec-i?c-rdOcuments does-"thelbank. accept .for'th'ese inquiries? Under-what circumstances would Bank of America refuse to unlireeze accountsof customers who to. respond to their inquiries".P -What is the protocol fer-oustoniers'who respondand inform Bank-of America'that?theyxare "n'oneitiZens? Does the bank ask for their. -accou'nts,- 'andf or close. their amounts? 10) For consumers whose-accounts were-frozen. and .may-haveincurI-?ed "late fees, bounced checks, or any'fees associated with 'iosing acce?ssto. their accounts, does Bank ofAlner-iCa pian on making these consumers-whole. again? Page 3 1) How many accounts have been frozen or closed as a result of this policy? Of such accounts, how many have been reinstated? Please provide state-by-state numbers. 12) Has Bank of America shared the citizenship information of their consumers with outside entities, including any state or federal government agencies? If so with what outside entities, under what conditions, and with what frequency? 13) Has any government entity asked Bank of America for its customers? citizenship information? We appreciate your attention to this matter and look forward to your response by October 19, 2018. Sincerely, Mm Robert Menendez Catherine Cortemasto