New law requires Massachusetts employers to give advance notice of ICE audits

In early August, Massachusetts Governor Maura Healey signed the PROTECT Act, hailing it as the “strongest law in the country to protect people from” U.S. Immigration and Customs Enforcement (ICE). In addition to keeping “ICE out of courthouses, schools, and hospitals,” Section 8 of the Act also requires employers to notify employees, within 48 hours, of a request made by ICE to inspect I-9 forms and other employment records “except as required by federal law.” This requirement serves as an amendment to M.G.L. c. 149, § 19C.

What are the notification requirements?

Here are the key points you should know about the Act:

• As of August 5, 2026, employers are required to notify employees of ICE requests to inspect I-9 forms and other employment records.

• The notice must be written and given to all employees, not just employees who may be affected by the inspection.

• The notice must be given within 48 hours after receiving notice of the inspection.

• Because Section 8 is an amendment to M.G.L. c. 149, § 19C, employers are subject to a fine between $200 and $500 for failure to comply.

Other important aspects of the Act

In addition, the Act:

• Prohibits warrantless immigration arrests at courthouses, schools, childcare centers, healthcare facilities, and state property;