Takeaways

• Massachusetts employers must provide written notice to all employees within 48 hours of receiving an ICE Notice of Inspection or request to review I-9 forms and other employment records, unless federal law requires otherwise.
• The requirement went into effect on 08.05.26, as part of Massachusetts’ PROTECT Act of 2026, with no phase-in period.
• Employers should review and update inspection-response protocols to ensure they can meet the new notification obligation while continuing to comply with federal immigration law.

Massachusetts’ employers have a new state-law compliance obligation when federal immigration enforcement actions involve workplace records. As part of the PROTECT Act of 2026, signed by Gov. Maura Healey on Aug. 5, 2026, the Commonwealth enacted a provision requiring employers to notify employees when they receive an ICE Notice of Inspection or other request to review I-9 employment eligibility verification forms or employment records.

Employers must provide written notice to all employees within 48 hours of being served with an ICE inspection notice or document request, regardless of whether any particular employee’s records are subject to review. The 48-hour period begins when the employer is formally served, not when it first learns that an inspection may be forthcoming.

The law intends to provide workers with advance notice so they can understand their rights, consult counsel, and prepare for potential immigration enforcement activity. The Act...

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