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.
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