Massachusetts Legislature Approves the PROTECT Act, Creating Among the Strongest Protections in the Nation

BOSTON — The Massachusetts Legislature passed sweeping legislation to protect residents from overreach by federal immigration authorities and to ensure that local and state law enforcement are not involved in federal immigration enforcement. If signed into law, the legislation would create among the strongest protections in the nation for residents who have immigrated to their communities.  

The final bill, An Act promoting rule of law, oversight, trust and equal constitutional treatment—known as the PROTECT Act—strengthens due process protections; limits civil immigration enforcement in courthouses, public school grounds, hospitals, and other sensitive locations; expands protections for victims of crime; and increases transparency, accountability, and clarity for correctional facilities and law enforcement relative to civil immigration enforcement. The PROTECT Act was originally filed by the Black and Latino Legislative Caucus, with the goal of offering feasible policy options to address growing concerns about federal overreach 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 American citizens and legal residents, 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.”  

“Following the Asian and Pacific Islander Caucus's collaboration with the Black and Latino Caucus's original PROTECT Act efforts, the House and Senate Conference Committee has taken thoughtful and swift action to find the right balance between federal and state powers while still providing greater protections for all residents in the Commonwealth,” said Representative Tackey Chan (D-Quincy). “The final report passed by the Legislature does not encroach on federal powers or inhibit our law enforcement from carrying out their duties. Rather, the legal rights of all residents are protected as we provide greater oversight over correctional facilities, so that loved ones can find their detained family members.” 

Having passed both chambers of the Legislature, the bill now goes to Governor Healey's desk for her signature. Highlights of the legislation are detailed below. 

FOSTERING TRUST BETWEEN RESIDENTS AND THEIR COMMUNITIES 

Prohibits New 287(g) Agreements. Bars Massachusetts law enforcement agencies from signing new deputization agreements with federal immigration authorities, except in narrow, criminal-law-focused arrangements that meet additional safeguards. 

Enhances Protections at Sensitive Locations. Bars civil immigration arrests without a judicial warrant at schools, childcare centers, medical facilities, and courthouses. The Governor may also restrict enforcement activity in non-public areas of state buildings and state agencies, private organizations. The public will receive multilingual guidance on responding to enforcement encounters, confirming an officer's credentials, and understanding their rights. 

Permits Pre-Arrangement of Guardianship. Lets parents designate a guardian for their children in advance, so a plan is already in place if a family is separated by detention or deportation. 

ENSURING EQUAL TREATMENT UNDER THE CONSTITUTION 

Creates a Pathway for Justice for Civil Rights Violations. Establishes a civil cause of action against federal officers who violate a resident's constitutional rights, putting them under the same accountability standards as state and local police. 

Protects Residents from Discrimination. Bars police from asking about a person's immigration status or stopping them because of it, absent a connection to a specific criminal matter. 

OVERSEEING A FOCUSED LAW ENFORCEMENT SYSTEM 

Prohibits State and Municipal Participation in Immigration Enforcement. Keeps state and local police out of federal civil immigration enforcement, barring the use of local resources for that purpose, or detention, based solely on a civil immigration detainer. 

Preserves Authority to Investigate and Prosecute Crime. Makes clear that officers can still pursue criminal investigations, share information tied to a criminal case, coordinate with federal partners on matters unrelated to civil immigration enforcement, and comply with a valid judicial warrant or court order. 

Provides Oversight Authority to the State Auditor. Gives the State Auditor authority to review sheriffs' agreements with federal immigration agencies and any immigration detention facilities operating in the Commonwealth. 

UPHOLDING THE RULE OF LAW 

Supports Victims of Crime. Protects immigrant crime victims, including trafficking survivors, who assist law enforcement as witnesses, and speeds up review of their special visa applications so they can keep participating in investigations or trials. 

Establishes Local Custody Protections. Requires county and state correctional facilities to notify people in custody, in writing, of their rights, including access to counsel and the right to decline interviews; keep a confidential phone line open for calls with an attorney; publish a number the public can use to confirm whether and where someone is detained; and log every access request and disclosure for at least a year. 

NOTIFICATION OF WORKERS’ RIGHTS  

Advance Notification to Employees. Requires employers to inform employees of receiving a notice of inspection by ICE to verify employment eligibility verification and other employment records.