Massachusetts PROTECT Act: Employee notice within 48 hrs of ICE inspection
· WOWERI
On August 5, 2026 Massachusetts Governor Maura Healey signed the PROTECT Act (H.B. 5620). It took effect immediately and requires employers to give employees written notice within 48 hours of receiving an ICE Notice of Inspection of Forms I‑9 or other employment records.
In brief
- The PROTECT Act (H.B. 5620) took effect on August 5, 2026;
- Employers must give employees written notice within 48 hours of receiving an ICE Notice of Inspection;
- Under state guidance of September 8, 2026 the notice must be individual and in the employee's primary language;
What to do
- Update internal ICE‑NOI response protocols to include a 48‑hour notice step.
- Assign responsible persons (HR manager, legal counsel) to receive any NOI immediately.
- Use the state's sample notice and prepare it in each employee's primary language; have it reviewed by counsel.
- Choose a delivery method (email, printed copy, hand‑delivery) and log the date and recipient.
- Train staff – managers, reception, security – to escalate ICE requests without delay.
- Maintain records of each notice: copy of NOI, notice text, delivery method, and timestamp.
- Consult a licensed immigration and labor attorney for industry‑specific nuances.
What changed in the employee‑notice requirement?
The new law H.B. 5620 (PROTECT Act) amends the Massachusetts General Laws to require written notice to all employees within 48 hours after an employer receives an ICE Notice of Inspection (NOI) concerning I‑9 or other labor records. The requirement took effect immediately upon the governor’s signature on August 5 2026.
Who does it affect?
- Any employer with workers in Massachusetts, whether a local firm or a national corporation.
- The law also contains other provisions (for example, a ban on civil immigration arrests without a judicial warrant in non‑public areas of health care facilities, schools and child care programs), but this article focuses on employers' obligations.
What does this mean for Russian‑speaking employers?
Companies with Russian‑speaking staff must ensure the notice is clear and delivered promptly. On September 8, 2026 the state issued guidance: the notice must be individual and in the employee's primary language, a workplace posting alone is not enough, and the state provides a sample notice.
What should you do now?
- Update internal ICE‑NOI response protocols to include a 48‑hour notice step.
- Assign responsible persons (HR manager, legal counsel) to receive any NOI immediately.
- Use the state's sample notice and prepare it in each employee's primary language; have it reviewed by counsel.
- Choose a delivery method (email, printed copy, hand‑delivery) and log the date and recipient.
- Train staff – managers, reception, security – to escalate ICE requests without delay.
- Maintain records of each notice: copy of NOI, notice text, delivery method, and timestamp.
- Consult a licensed immigration and labor attorney for industry‑specific nuances.
What dates and penalties are important?
- August 5 2026 – law becomes effective; requirements apply immediately.
- September 8, 2026 – state guidance published (mass.gov).
- 48 hours after receiving an ICE‑NOI – maximum time to notify all employees.
- Fines $200–$500 per violation under Mass. Gen. Laws ch. 149, § 19C.
Original source
Blog post *Through the Immigration Lens* on the Massachusetts PROTECT Act. Source link
- Massachusetts state guidance (September 8, 2026): https://www.mass.gov/news/governor-healey-issues-protect-act-guidance-for-health-care-providers-employers-law-enforcement-and-state-agencies
*This material is for informational purposes only and does not constitute legal advice.*
What to do next
- H-1B Work Visa — Order
- Application for Employment Authorization — Order
- Appeal to Board of Immigration Appeals — Order
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Frequently asked questions
What is an ICE Notice of Inspection?
It is an official request from U.S. Immigration and Customs Enforcement (ICE) for an employer to produce I‑9 forms or other labor documents, typically delivered as a subpoena, order, or summons.
Do I have to attach a copy of the NOI to the employee notice?
The law does not require attaching the NOI, but keeping a copy on file is recommended to demonstrate compliance.
Can I send the notice by email?
The statute itself does not specify a delivery method. However, under the state's guidance of September 8, 2026 the notice must be individual and in the employee's primary language, and a workplace posting alone is not enough. Document when and how each notice was sent.
What fines apply for non‑compliance?
Violations fall under Mass. Gen. Laws ch. 149, § 19C, which provides fines of $200 to $500; how penalties are calculated when multiple employees are affected is not yet clear.
Source: throughtheimmigrationlens.com