Understanding Massachusetts’s PROTECT Act and Its Impact on Employers
TL/DR –
The Massachusetts PROTECT Act, effective August 5, 2026, mandates that employers deliver written notice in each affected employee’s primary language within 48 hours of receiving an I-9 notice of inspection from the Department of Homeland Security/Immigration and Customs Enforcement. Employers are recommended to assign responsibility for the notice process, pre-translate notice templates, map individual distribution methods for employees, and audit I-9 files ahead of time. In addition to the I-9 notice requirement, the PROTECT Act restricts state and local law enforcement participation in civil immigration enforcement, limits civil arrests on certain state property, and mandates many healthcare providers to adopt a written enforcement interaction policy by October 4, 2026.
Summary of the New PROTECT Act in Massachusetts
The Massachusetts PROTECT Act, effective from August 5, 2026, mandates employers who receive an I-9 notice of inspection from DHS/ICE to provide written notice in each affected employee’s primary language within forty-eight hours. With this in place, employers should plan ahead by assigning responsibility, preparing translated notice templates, determining distribution methods, and auditing I-9 files in advance.
Understanding the New Rule
Upon receiving a notice of inspection (NOI) from the U.S. Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE), Massachusetts law necessitates employers to follow the subsequent actions:
- 48-hour deadline: Employees must be notified in writing within forty-eight hours of the NOI receipt.
- Individual delivery: Each affected employee must receive their notice. Posting a notice on a bulletin board or intranet doesn’t suffice.
- Primary-language requirement: Notices must be given in the employee’s primary language, not just English.
- Clock starts at receipt: The forty-eight-hour countdown begins as soon as the employer receives the NOI.
Employers can utilize a state-issued sample notice for this purpose.
Tips for Employers
Employers should consider the following steps to comply with the PROTECT Act:
- Assigning ownership: Determine who will activate the notice process once an NOI is received.
- Pre-translating notice templates: Employers with multilingual workforces should have translated versions of the sample notice ready.
- Mapping distribution methods: Employers should plan how they will individually reach every affected employee, including remote workers or those on leave.
- Auditing I-9 files proactively: Regular audits of I-9 files can help prevent violations from surfacing during an inspection.
Additional Implications of the PROTECT Act
Besides the I-9 notice rule, the act also:
- Limits the participation of state and local law enforcement in civil immigration enforcement.
- Restricts civil arrests in certain nonpublic areas of state property.
- Mandates many healthcare providers to implement a written policy addressing civil law enforcement interactions by October 4, 2026.
Conclusion
The new 48-hour I-9 notice requirement carries substantial compliance risks and leaves minimal preparation time. Employers should address this as an operational readiness issue, and ensure they have the notice template ready, know who will manage the process, and understand how notices will be distributed to each affected employee.
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