Massachusetts’ PROTECT Act Creates New Employer Notice Obligations
On August 5, 2026, Governor Maura Healey signed Massachusetts’ PROTECT Act (H.B. 5620) into law, making it effective immediately. The Act, formally titled An Act Promoting Rule of Law, Oversight, Trust, and Equal Constitutional Treatment, is intended to promote public safety and community trust by preserving access to healthcare, education, and court services. The Act addresses immigration enforcement activities in public spaces such as hospitals, childcare centers, and courthouses; and establishes employer obligations to notify employees of upcoming inspections by U.S. Immigration and Customs Enforcement (ICE).
Employers who receive a Notice of Inspection (NOI) for Forms I-9 or other employment records must provide written notice of the inspection to all employees within 48 hours. The PROTECT Act is vague regarding details of the notice requirements and does not specify the required content, mandate a delivery method, or require employers to retain the notice or proof of delivery. Although no model form accompanied the Act, one may be issued through future regulations. Even without an express retention requirement, employers are encouraged to maintain records showing the notice was provided to employees, when it was delivered, and who received it. Maintaining this documentation may help demonstrate compliance should the employer be questioned later about following the Act’s 48-hour notice requirement.
Employers are encouraged to review their current ICE response protocols and ensure that policies are in place for properly receiving and managing NOI’s by all impacted staff including front-line employees, receptionists, supervisors, HR representatives, or others that may be in receipt of an ICE NOI. With short compliance deadlines, having a plan in place to manage and align the receipt of a NOI with current workflows, and update as necessary will better prepare employers for proactively complying with this new requirement. Violations could result in fines ranging from $200 to $500; however, the law is unclear at this time as to whether these penalties apply per notice or per employee.
PrestigePEO will continue to monitor this new development. Please contact your HRBP with any questions related to the Masschusetts PROTECT Act.