Massachusetts PROTECT Act Signed into Law / Employers Must Provide Workers with Notice of I-9 Inspections within 48 Hours of ICE Inspection Notice

By Samantha Halem, Charlotte Petilla, Catherine Reuben, Tavish Brown, Alicia Ward   August 7, 2026

On August 5, 2026, Governor Maura Healy signed the PROTECT Act (the “Act”). The Act, effective immediately, imposes certain limits on state and local cooperation with federal immigration enforcement. Of relevance to employers is a requirement that, except as required by federal law, no later than 48 hours after receiving notice of an inspection by United States Immigration and Customs Enforcement for I-9 employment eligibility forms or other employment records, the employer must provide written notice to each employee of any such request.

According to the Massachusetts Attorney General’s office, this notice requirement, as well as the other provisions of the Act, are intended to ensure that all Massachusetts residents are protected under the Massachusetts Constitution and Massachusetts law, including the protection of the due process rights of immigrant workers. There will likely be legal challenges to the law, but, for now, it is in effect and binding on Massachusetts employers.

In light of increased ICE enforcement, employers are encouraged to work with counsel to confirm their I-9 compliance and address any errors or omissions before ICE seeks review of employer I-9 records.

For questions or more information, please contact:

• Tavish Brown (tbrown@hrwlawyers.com / 617-348-4366);

• Samantha Halem (shalem@hrwlawyers.com / 781-235-4878);

• Charlotte Petilla (cpetilla@hrwlawyers.com / 617-348-4326;

• Catherine Reuben (creuben@hrwlawyers.com / 617-348-4316); or

• Alicia Ward (award@hrwlawyers.com / 617-348-4357).

 

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