No, staking is not banned in the USA, but the SEC and other regulators are having a real crackdown on crypto staking of late. Unsurprisingly, this has been met with widespread criticism across the industry.
For context, this crackdown - although intensifying in the last year - isn’t new. The SEC first brought charges against Ripple in 2020, claiming the company was conducting a $1.3 billion unregistered securities offering. Since then the SEC has gone after stablecoin BUSD by issuing a Wells Notice to issuer Paxos. The SEC has also issued notices or brought charges to crypto exchanges Binance, Coinbase, and Kraken - the latter of which opted to settle for $30 million and withdraw staking services from the US.
Coinbase on the other hand, looks ready to take on the SEC in court, with the CEO releasing a Twitter thread, stating, "We are right on the law, confident in the fact, and welcome the opportunity for Coinbase (and by extension the broader crypto community) to get before a court... the SEC simply has not been fair, reasonable, or even demonstrated a seriousness of purpose when it comes to its engagement on digital assets."
In other words, there is a severe lack of regulation and guidance currently and the SEC seems to have decided crypto staking as the flavor of the month. It doesn’t mean staking is illegal in the US, just that the SEC is alleging some crypto platforms are not registering product offerings correctly as crypto may be viewed as a security in the absence of any other guidance. Interestingly, the exchanges charged or accused of misconduct so far are generally highly compliant exchanges that comply with all the existing crypto regulatory and operational frameworks in the US. It isn’t clear the stance the SEC will take for non-custodial staking platforms or wallets that operate outside of its reach.
A ruling on Ripple’s case is expected imminently which may give further clarification on whether crypto may be viewed as a security in the US.