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

  • Jul 31
  • 6 min read

Legislation establishes statewide standards governing interactions between state, local, and federal immigration enforcement


(BOSTON—7/30/2026) Today 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. I want to thank Chairman Cahill, Chairman Vargas, Representative Vaughn, and the Black and Latino Legislative Caucus for working tirelessly to incorporate feedback from immigrant communities and law enforcement alike, as well as all my colleagues in the House, and our partners in the Senate, for recognizing the importance of these vital protections.” 


“Today, we took action to protect families, defend the constitutional rights of our residents, and stand up to the fear and cruelty being fueled by Donald Trump’s weaponization of federal immigration enforcement,” said Senate President Karen E. Spilka (D-Ashland). “Across our Commonwealth, we are seeing children torn from their parents, students pulled off the street, and families living in fear. We refuse to accept that as normal in Massachusetts, and today this Legislature stood together in making sure our laws reflect that. I applaud Chair Friedman, Senator Payano, and the Black and Latino Caucus for their unparalleled commitment to protecting our residents, and thank each Senator and our counterparts in the House for getting this to the Governor’s desk.”


“Today, we stand firm on the belief that our Commonwealth is built on freedom and equality.  No longer may we idly by as we watch families separated, hard-working people detained, and our immigrant community living in fear of what’s to come on a daily basis.  We believe it is incumbent upon us in Massachusetts to affirm and uphold these fundamental principles and further define the separation of state and federal powers and jurisdictions. The PROTECT Act reinforces the longstanding understanding that, absent explicit consent, state resources will not be used for federal civil immigration enforcement,” said Representative Daniel Cahill (D-Lynn), House Chair of the Joint Committee on Public Safety and Homeland Security. “Developed in collaboration with the Black and Latino Caucus, dozens of law enforcement agencies, advocacy organizations, legal experts, our partners in the Senate, and under the leadership of Speaker Mariano and Chair Michlewitz, the PROTECT Act provides clear guidance for interactions between law enforcement, state entities, individuals, and ICE as it relates to the federal government’s excessive enforcement of civil immigration laws in our communities.”


“The PROTECT Act defends the values enshrined in the Massachusetts Constitution, chiefly that all in our state are entitled to equal protection under the law,” said Senator Cindy F. Friedman (D-Arlington), Chair of the Senate Committee on Steering and Policy. “This legislation represents a collaborative effort that offers avenues and delivers tools for the Commonwealth to provide protections for our residents, clarifies that Massachusetts law enforcement have no role in aiding civil immigration enforcement, and, most importantly, stands up for our immigrant community members who are feeling the full effects of the fear and chaos purposefully instilled by an adversarial federal government. I want to thank my co-chair in this effort, Representative Cahill, my fellow conferees, the Senate President, the Speaker of the House, and my colleagues in the Legislature who are committed to defending and protecting our residents from the egregious and hateful actions of the federal government.”


“The Massachusetts Black and Latino Legislative Caucus filed this bill because our communities were the ones living it– parents afraid to drop their kids at school, workers afraid to clock in, victims afraid to walk into a courtroom. Fear is not a public safety strategy,” said Representative Andres X. Vargas (D-Haverhill), Chair of the Black and Latino Legislative Caucus and member of the conference committee. “The PROTECT Act draws a clear line: Massachusetts will not lend its badges or its buildings to a deportation campaign that targets people who pose no threat to public safety and treats due process as optional. I'm proud to have served on this conference committee, and am grateful to the Speaker, Senate President, and all my colleagues, especially the 26 members of the MA Black and Latino Caucus who stood unified through this endeavor.” 


“The passage of the PROTECT Act sends a clear message that Massachusetts will continue to stand for fairness, due process, and human dignity”, said Senator Pavel Payano (D-Lawrence), member of the conference committee. “No parent should fear taking their child to school, seeking medical care, or appearing in court because of fear. As someone who immigrated as a child, I know firsthand what it means when a state keeps its promise that if you work hard and contribute to your community, opportunity should never be out of reach. Today, we reaffirm that Massachusetts remains a place where opportunity is earned through hard work, not denied because of fear.”


“The PROTECT Act provides Massachusetts with one of the clearest statutory frameworks in the nation for addressing immigration-related matters while ensuring public safety remains paramount,” said Representative Marcus S. Vaughn (R-Wrentham), Ranking Minority of the Joint Committee on Public Safety and Homeland Security and member of the conference committee. “I was proud to work alongside Chair Cahill, Vice Chair Vargas, and my colleagues in the Senate to strengthen this legislation by bringing a Republican perspective to the conference committee. I especially appreciate the members of the Black and Latino Legislative Caucus for their willingness to hear my concerns and thoughtfully consider them throughout the process. While no bill is perfect, I believe this final conference report provides greater clarity for our schools, healthcare providers, law enforcement, employers, and local governments while reaffirming that violent criminals have no place in our communities.” 


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.


Read the full press release and comments of support here.


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