The Massachusetts PROTECT Act (Chapter 163 of the Acts of 2026), signed by Governor Healey on August 5, 2026, is aimed at keeping federal immigration enforcement out of “sensitive places,” including courthouses, schools, child care centers and health care facilities.
The Act also created an immediate compliance obligation for employers with employees working in Massachusetts.
Section 8 of the PROTECT Act amends G.L. c. 149, § 19C to require employers, within 48 hours after receiving a Notice of Inspection from U.S. Immigration and Customs Enforcement (“ICE”) for I-9 forms or other employment records, to provide written notice of the request to each employee. The statute qualifies this requirement with the phrase “Except as required by federal law.”
What This Means for Employers
- No size threshold. The provision applies regardless of employer size or where the employer is headquartered. Employers with employees working in Massachusetts should assume they are covered.
- Notice to “each employee.” The law requires notice to “each employee,” not just those whose records were requested.
- Immediate applicability. Because the PROTECT Act was enacted as an emergency law, this provision became effective upon enactment.
- Possible penalty exposure. Section 19C provides for a $200–$500 fine for violation of “any provision of this section,” which appears on its face to encompass the new notice requirement, although application of that penalty to the new provision has not yet been tested.
- Some implementation questions remain. The statute does not prescribe the form or method of notice or further define the circumstances in which federal law would override the notice requirement.
What Employers Should Do Now
- Make sure HR and front-line managers know to route any ICE notice, inspection request, subpoena, warrant, or workplace visit immediately to the employer’s designated HR/legal contact.
- Build the 48-hour clock into your immigration-enforcement response protocol.
- Have a written employee notice template and a process for promptly distributing and documenting the notice if an ICE Notice of Inspection is received.
The employer notice requirement is one part of a much broader law. The PROTECT Act also limits certain civil immigration enforcement activity in courthouses, schools, child-care settings, and health care settings and requires the state to issue multilingual guidance for certain private entities on handling interactions with law enforcement officers involved in civil immigration enforcement.
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The Workforce Bulletin blog is currently edited by Adam S. Forman, Greta Ravitsky, Elizabeth S. Torkelsen, and Jennifer Stefanick Barna.
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