Massachusetts House Passes Bill Restricting Interactions Between State, Local and Federal Immigration Enforcement

BOSTON – This week, the Massachusetts House of Representatives passed legislation that establishes statewide standards governing interactions between state and local systems and federal immigration enforcement. It strengthens due process protections, limits civil immigration enforcement in courthouses, expands protections for victims of crime, and increases transparency, accountability, and clarity for correctional facilities and law enforcement. The PROTECT Act was originally filed by the Black and Latino Legislative Caucus (BLLC), with the goal of offering feasible policy options to address growing immigration concerns in Massachusetts.  

“Since the beginning of President Trump’s second term, ICE and Border Patrol agents have continued to harass and disappear innocent Americans with total impunity – a reckless approach that has led to the deaths of Renee Good and Alex Pretti, and to children being separated from their families. Those actions have immigrants in Massachusetts living in fear as they go to work or bring their children to school, and they jeopardize the trust that local law enforcement has worked hard to build,” said House Speaker Ronald J. Mariano (D-Quincy). “That’s why this legislation is so important, as it takes steps to ensure that all residents in Massachusetts are treated equally under state law, and to protect our communities through practical, thoughtful measures. I want to thank Chairman Michlewitz, Chairman Cahill, Chairman Vargas, Leader González and the Black and Latino Legislative Caucus for working tirelessly to incorporate vital feedback from immigrant communities and law enforcement alike, as well as the entire House for recognizing the importance of this legislation.”  

“This legislation is a truly collaborative effort built upon valuable input from all members of the House, law enforcement, and community stakeholders,” said State Representative Tackey Chan (D-Quincy). “My colleagues in the Asian Caucus and I worked closely with the Black and Latino Legislative Caucus to address gaps in public safety that impact everyone. The PROTECT Act represents a practical approach within the law to ensure the state can provide all residents equal protection under our Commonwealth’s constitution and statutes.”  

“Our Commonwealth and nation are built upon a foundation of laws. After 250 years of democracy, we believe it is incumbent upon us in Massachusetts to affirm and uphold the fundamental principles that define the separation of state and federal powers and jurisdictions,” said Representative Daniel Cahill (D-Lynn), House Chair of the Joint Committee on Public Safety and Homeland Security  “The PROTECT Act reinforces the longstanding understanding that, absent explicit consent, state resources will not be used for federal civil immigration enforcement.” 

 “This bill does not exist to make a political point, said Representative Andres X. Vargas (D-Haverhill), Chair of the Black and Latino Legislative Caucus.” “It exists to ensure that our courts function, that our officers preserve trust in our communities, and that the constitutional promise of due process is kept — not for some, but for all who live within this Commonwealth.” 

After the filing of the BLLC’s bill in late January, House Leadership convened Member meetings to facilitate candid discussions among Representatives on immigration policy. They then met with a variety of stakeholders to receive and incorporate feedback on the bill. Stakeholders included immigration advocates, law enforcement groups, district attorneys, sheriffs, union leaders, civil liberties groups and public defenders, as well as with staff from the Attorney General’s Office, the Healey-Driscoll Administration, and the Trial Court.  

The bill passed includes the following policies:  

Limits on Law Enforcement  

The bill restricts state and local involvement in federal civil immigration enforcement. It prohibits law enforcement from inquiring about immigration status unless the inquiry is directly material to a specific criminal offense (for example: human trafficking) and bars the use of local resources for civil immigration enforcement. It limits the sharing of nonpublic information and advance release notifications.  

Courthouse Arrest Protections  

The legislation limits civil arrests in courthouses by requiring a judicial warrant or order, and a review by a judicial official. Except in extraordinary circumstances, as determined by the judicial official, the bill also prohibits a civil arrest from being made in a courtroom.  

Detention & Legal Access  

The bill creates uniform standards for individuals in correctional facilities. It requires notice of legal rights in a person’s primary language at intake, guarantees confidential attorney-client communication, and mandates the timely tracking of custody status and transfers with notice to counsel and designated contacts. Under this bill, corrections facilities must provide interpretation services for key interactions and ensure access to court proceedings, including remote options. It also requires the creation of a public-facing system for locating detained individuals. 

Worker Notification  

The legislation requires that employers provide written notice to employees within 48 hours of receiving a federal immigration inspection notice, such as an I-9 audit. 

U & T Visa Certification Reform  

The bill reforms the certification process for victims of crime and human trafficking. It also broadens qualifying criminal activity, clarifies that charges or convictions are not required, and mandates clear policies and timelines for certifying entities, including expedited review in urgent cases. Additionally, it creates a presumption of helpfulness for cooperating victims, prohibits fees and retaliation, and requires data reporting to ensure accountability. 

Bail Consideration  

This legislation allows courts to consider the likelihood of imminent deportation when making bail determinations. This ensures that defendants will remain available to appear at future court dates and fully participate in the proceedings, thus maintaining continuity in the judicial process. 

State Facilities & Guidance 

The legislation authorizes the governor to restrict civil immigration enforcement in nonpublic areas of state facilities and requires that she publish multilingual guidelines on how to respond to enforcement actions, verify credentials, document interactions, and understand individual rights. 

Enforcement 

The attorney general is authorized to enforce key provisions through civil actions, with courts empowered to order compliance, monitoring, and reporting. The bill also specifies that there is no private right of action, except that an individual may apply for a writ of habeas corpus if the individual has reasonable cause to believe a violation occurred. 

The bill passed the House of Representatives 134-21. It now goes to the Senate for consideration.