Quick Hits
- Massachusetts’s PROTECT Act, effective August 5, 2026, requires employers that receive an I-9 notice of inspection from DHS/ICE to deliver written notice in each affected employee’s primary language within forty-eight hours of receipt.
- Employers in Massachusetts may want to prepare now by assigning responsibility for the notice process, pre-translating notice templates, mapping individual distribution methods for all employees, and proactively auditing I-9 files.
- Beyond 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 requires many healthcare providers to adopt a written enforcement interaction policy by October 4, 2026.
The New Rule
When an employer receives a notice of inspection (NOI) from the U.S. Department of Homeland Security (DHS)/Immigration and Customs Enforcement (ICE) for I-9 forms or other employment eligibility records, Massachusetts law now requires that employers take the following actions:
- 48-hour deadline: Written notice must be sent to employees within forty-eight hours of receiving the NOI.
- Individual delivery: Each affected employee must receive his or her own notice. A notice posted in a breakroom, on an intranet, or on a bulletin board is not enough.
- Primary-language requirement: Notice must be given in the employee’s primary language, not just English.
- Clock starts at receipt: The forty-eight-hour period begins when the employer first receives the notice of inspection.
A state-issued sample notice is available for use by employers.
Tips for Employers
Employers in Massachusetts may want to consider the following steps to comply with the PROTECT Act:
- Assigning ownership: Consider deciding today who is responsible for triggering the notice process the moment an NOI is received and establishing an actionable process.
- Pre-translating notice templates: Employers that have workforces where multiple languages are spoken may want to have translated versions of the sample notice ready in advance.
- Mapping distribution methods: Employers may want to confirm how they will individually reach every affected employee, including remote staff, employees on leave, and multisite workers.
- Auditing I-9 files proactively: A clean I-9 audit process reduces the risk of substantive violations surfacing during an inspection, separate from the notice obligation itself.
Other Parts of the PROTECT Act Impacting Employers
The I-9 notice rule is the piece most directly tied to day-to-day employer operations, but the law reaches further. Employers with on-site clinics, childcare programs, or other covered facilities should note that the act also:
- restricts the ability of state and local law enforcement to participate in civil immigration enforcement,
- limits civil arrests in certain nonpublic areas of state property, and
- requires many healthcare providers to adopt a written policy addressing civil law enforcement interactions by October 4, 2026.
Bottom Line
- The forty-eight-hour I-9 notice requirement carries real compliance risk and almost no lead time once triggered.
- Employers may want to treat this as an operational readiness issue.
- Employers may want to have the template ready, know who owns the process, and know exactly how notices will reach every affected employee.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will provide updates on the Healthcare, Immigration, and Massachusetts blogs as additional information becomes available.
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