When ICE Knocks, the Clock Starts: Navigating Massachusetts' New Employer Notification Law
Federal immigration enforcement has intensified significantly in recent years. Immigration and Customs Enforcement, commonly known as ICE, has ramped up worksite enforcement activity across the country, including an increase in I-9 audits, inspections, and related record requests directed to employers. As part of this broader enforcement posture, ICE also has reclassified a wider range of I-9 errors as “substantive” violations, meaning that even minor paperwork mistakes can now carry greater legal consequences (see here for more details). For employers, the message is clear: worksite immigration compliance should not be considered a “back-burner” issue.
Against this backdrop, Massachusetts enacted the Promoting Rule of Law, Oversight, Trust and Equal Constitutional Treatment Act, known as the PROTECT Act. The Act took effect immediately, with no phase-in period. Among its many provisions, the PROTECT Act restricts federal immigration enforcement activity in certain nonpublic spaces, such as state-owned facilities, courthouses, childcare facilities, and school grounds, unless federal authorities have obtained a judicial warrant. The Massachusetts Attorney General is responsible for enforcing the Act.
Most significantly for employers, the Act introduces a new and immediate compliance obligation: Massachusetts employers must provide written notice to all employees within 48 hours of receiving a Notice of Inspection from ICE regarding Form I-9 employment eligibility verification records or other employment records, except where otherwise required by federal law. The Act does not prohibit employers from cooperating with ICE or complying with federal immigration law; it simply adds a parallel state-law obligation that runs alongside applicable federal requirements.
The practical impact on employers of this new law is significant and immediate. Under existing federal law, employers typically have three business days to respond to an ICE Notice of Inspection. The Act now creates a second, shorter deadline running concurrently—48 hours to notify employees, starting from the moment the notice is received. This distinction matters because Notices of Inspection are often received by front-line staff, such as receptionists, office managers, or HR representatives, who may not immediately recognize the legal significance of what they have just received. Without a clear internal escalation process, an employer could find itself approaching or past the 48-hour deadline before legal counsel is even aware an inspection has been initiated.
Additionally, the notice requirement applies to all employees in Massachusetts, not just those whose records are under review. Under federal law, notification is typically limited to employees with identified I-9 irregularities post-inspection, so the Massachusetts law is not only more immediate, but is significantly broader. It is also worth noting that Massachusetts’ 48-hour window is shorter than similar employee notification laws enacted in California (72 hours) and Washington (5 business days).
It is also important to understand that an ICE I-9 inspection is not limited to current employees—federal regulations require employers to retain I-9 forms for three years from the date of hire or one year from the date of termination, whichever is later, meaning former employees’ records may also be subject to review. The Act requires that employers “provide written notice to each employee of any such request.” It is not clear whether notice must be provided to former employees, but that would be reasonable to assume so.
What Should Employers Do Now?
Employers with Massachusetts operations should begin by reviewing and updating their existing ICE or immigration inquiry response protocols to incorporate the new 48-hour notification requirement. This means identifying who within the organization is responsible for receiving and escalating a Notice of Inspection, drafting a template written notice that can be quickly reviewed and distributed to employees, and establishing a clear documentation process to record when the notice was sent, how it was delivered, and to whom. An employer that fails to timely provide the required notice to an employee may be fined $200 to $500.
On September 8, 2026, Governor Healey, the Executive Office of Labor and Workforce Development, the Office for Refugees and Immigrants, and the Office of the Attorney General jointly issued guidance for employers on the new notice requirement. The guidance clarifies that employers are expected to provide individual written notice to each employee—a workplace posting alone is not sufficient. The notice can be provided in the manner that suits the employer’s workplace (e.g., email, text, personal delivery, or other methods, which presumably includes regular mail if that is appropriate for the workplace). The guidance also includes a sample notice in English that employers can use or modify (available here: Notice of Employees ), with additional translations into other commonly spoken languages in Massachusetts.
Contact your lawyer for assistance in assessing your current procedures, updating your response plans, and ensuring your organization is prepared to comply with the new Massachusetts notification requirement and similar notification requirements in California and Washington.
