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Sunday, August 30, 2026

Massachusetts PROTECT Act Requires Employee Notice Within 48 Hours of an ICE Inspection - JD Supra

Massachusetts has enacted H.B. 5620, or the PROTECT Act, a new law designed to limit local participation in federal civil immigration enforcement, which creates immediate requirements for employers in the event they receive an ICE Notice of Inspection (“NOI”) for Forms I-9 or other employment records by subpoena, warrant or record request. As part of the recently enacted PROTECT Act, employers must provide written notices to all employees within 48 hours of receiving an NOI. The requirement became effective immediately when Governor Healey signed the legislation into law on August 5, 2026.

For certain employers based in Massachusetts, this requirement must be incorporated immediately into existing procedures for responding to an NOI. For national employers, the law adds another state-specific compliance obligation to a process that, only a decade ago, was largely uniform nationwide.

Background

The Commonwealth has framed the PROTECT Act as a public-safety and community-access measure designed to ensure that individuals feel able to access healthcare, education, and the courts. That broader objective helps explain why the legislation extends beyond employment-related notification requirements and addresses immigration enforcement activity in hospitals, schools, childcare centers, and courthouses. The Commonwealth’s stated rationale for the law was to preserve access to essential services and public institutions.

What Does the Law Require?

Section 8 of the PROTECT Act...



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