By Saraiyah Zigler

In early August, Governor Maura Healey signed the PROTECT ACT (“the Act”), hailing it as the “strongest law in the country to protect people from ICE.” In addition to keeping “ICE out of courthouses, schools, and hospitals,” Section 8 of the Act also requires employers to notify employees, within 48 hours, of a request made by the U.S. Immigration and Customs Enforcement (ICE) to inspect I-9 forms and other employment records “except as required by federal law.” This requirement serves as an amendment to M.G.L. c. 149, § 19C.

What are the Notification Requirements?

• As of August 5, 2026, employers are required to notify employees of ICE requests to inspect I-9 forms and other employment records.
• This notice must be written and given to all employees, not just employees who may be affected by the inspection.
• The notice must be given within 48 hours after receiving notice of the inspection.
• Because Section 8 is an amendment to M.G.L. c. 149, § 19C, subjecting employers to a fine between $200 and $500 for failure to comply.

Other Important Aspects of the Act

• Prohibits warrantless immigration arrests at courthouses, schools, childcare centers, health care facilities, and state property.
• Authorizes the Attorney General to sue in cases where federal troops interfere with voting or if ICE makes warrantless arrests in protected locations, including courthouses.
• Allows parents to pre-arrange guardianship for their children in case they are detained or deported by ICE.
• Creates a faster and more consistent visa process for (1) victims of serious crimes who  agree to help law enforcement investigate and prosecute those crimes (U visas) and (2) victims of severe human trafficking (T visa).
• Allows private individuals to sue government officials (including ICE Agents) in state court for constitutional rights violations.
• Establishes new accessibility resources (legal and language) for individuals detained in Massachusetts.  
• Prohibits state and local law enforcement agencies from entering into new 287(g) agreements, which allow deputization of local police to act as immigration agents, except in narrow circumstances.
• Creates a commission to investigate and make recommendations on immigration matters.

Please refer to our previous article, ICE Updates I-9 Inspection Guidance, for detailed information and guidance regarding I-9 inspections.

If employers have questions regarding ICE’s auditing of I-9 forms or other employee records, they should seek advice from employment counsel.