Massachusetts employers now have an additional obligation when responding to an immigration-related records inspection. Under the Massachusetts PROTECT Act, employers with employees working in Massachusetts must provide written notice to each current/active employee within 48 hours after receiving a U.S. Immigration and Customs Enforcement (ICE) notice requesting inspection of I-9 employment eligibility verification forms or other employment records. 

The requirement applies to the workforce generally—not only to employees whose individual I-9 records are included in the inspection request. The law also provides an exception where disclosure is prohibited or otherwise required by federal law.  The law does not prescribe a specific notice form, required wording, or delivery method, giving employers some flexibility in how they satisfy the requirement. 

What Employers Should Do 

Massachusetts employers should review their existing procedures for responding to ICE inspections and ensure that: 

• Any ICE Notice of Inspection or similar records request is immediately escalated to the appropriate HR and/or legal contact. 

  
  

• The date and time the request is received are documented so the 48-hour deadline can be monitored. 

  
  

• A process is in place to prepare and distribute the required written employee notice. 

  
  

• Documentation is retained showing that the notice was provided within the required timeframe. 

Clients should coordinate with their PEO/HR support team regarding the appropriate response to an ICE inspection or I-9 records request.  

Applicable State Law:  Massachusetts General Laws, Chapter 149, Section 19C / PROTECT Act 

Massachusetts PROTECT Act Resources:  Massachusetts PROTECT Act – Mass.gov