Massachusetts has enacted Chapter 163 of the Acts of 2026 (H.5620), the PROTECT Act, a broad immigration-related law that limits certain participation in federal civil immigration enforcement and creates a new compliance obligation for employers. The Act is effective as of August 5, 2026 as an emergency law.
New Employee Notice Requirement
The provision most relevant to employers amends Massachusetts General Laws Chapter 149 and requires employers to notify employees when the employer receives certain immigration-related inspection requests.
Under the new law, an employer that receives a Notice of Inspection (NOI) from U.S. Immigration and Customs Enforcement (ICE) seeking Forms I-9 or other employment records generally must provide written notice to employees within 48 hours of receiving the request, unless federal law requires otherwise.
Notice Must Be Provided to All Employees
The law requires notice to each employee, not merely employees whose records may be subject to the inspection request. As a result, employers should be prepared to communicate broadly across their workforce if an ICE inspection notice is received.
Immediate Compliance Required
Because the PROTECT Act was enacted as an emergency measure, employers do not have a delayed implementation period. Massachusetts employers became subject to the notice requirement immediately upon the Governor’s signature on August 5, 2026.
Broader Immigration Enforcement Legislation
The PROTECT Act extends beyond employment matters. The legislation is designed to limit certain involvement in federal civil immigration enforcement and includes provisions affecting access to courts, schools, childcare facilities, healthcare facilities, and other public institutions.
The employer notification requirement is one component of that broader legislative framework.
Employers Impacted
The law may apply broadly to employers with employees working in Massachusetts, including:
- Private-sector employers;
- Multi-state employers with Massachusetts employees;
- Employers subject to Form I-9 requirements; and
- Organizations that may receive ICE inspection requests or records demands.
Employer Takeaway
Massachusetts employers should update immigration compliance and inspection-response procedures to incorporate the new 48-hour employee notification requirement. Employers may wish to establish internal protocols for routing ICE notices to legal or HR personnel immediately and prepare template communications that can be distributed quickly if a Notice of Inspection is received.