On August 19, Governor Maura Healey signed the PROTECT (Promoting Rule of Law, Oversight, Trust, and Equal Constitutional Treatment) Act, legislation aimed primarily at limiting certain federal immigration enforcement activities in courthouses, schools, healthcare facilities, and other protected locations. While much of the law focuses on immigration enforcement practices, Massachusetts employers should pay particular attention to a new requirement that takes effect immediately.

New 48-Hour Employee Notice Requirement

Section 8 of the PROTECT Act creates a new obligation for Massachusetts employers. When an employer receives a Notice of Inspection (NOI) from U.S. Immigration and Customs Enforcement (ICE) requesting Form I-9 records or other employment records, the employer must provide written notice to employees in Massachusetts within 48 hours of receiving the request, unless federal law requires otherwise.

This new requirement is significant because it creates a separate and potentially earlier deadline than the federal ICE audit process. Employers now may need to manage two simultaneous compliance obligations:

· Federal requirement: Generally, employers have three business days to produce requested I-9 documentation during an ICE audit.

· Massachusetts requirement: Employers must provide written notice to employees within 48 hours of receiving the Notice of Inspection.

Key Considerations

• The 48-hour clock begins as soon as the Notice of Inspection is received.
• The requirement applies to requests involving I-9 forms and other employment records, potentially extending beyond traditional I-9 audits.
• It does not matter how large or small the employer is, where the employer is located, or whether a particular employee’s records are part of ICE’s request.
• Because the PROTECT Act was enacted as emergency legislation, the notice requirement became effective immediately.

Why This Matters

For many employers, the biggest compliance challenge may not be responding to ICE’s records request, but ensuring the employee notification requirement is met within the short 48-hour window. A delay in routing an ICE notice to the appropriate HR personnel could create compliance risks before the audit response process even begins.

A typical ICE audit begins with a Notice of Inspection, which triggers the employer’s obligation to gather and produce records. Under the PROTECT Act, employers must now treat the receipt of an NOI as the start of both the audit response and employee notification processes.

Steps Massachusetts Employers Should Take Now

1. Update Your ICE Response Plan – Make sure that when you receive an ICE Notice of Inspection, your team immediately starts both the federal response process and the new Massachusetts employee notice process.

2. Prepare Employee Notice Templates in Advance – A sample template has been included on the mass.gov website I-9 template notice

3. Maintain Audit-Ready I-9 Records – Continue to conduct regular internal I-9 audits and make corrections according to the requirements on the USCIS site. If you need help with an internal I-9 Audit, AIM HR Solutions can help!

Additional Provisions of the PROTECT Act

While the new 48-hour employee notice requirement is the part of the law that most affects employers, the PROTECT Act also:

• Adds protections against certain immigration arrests at courthouses, public schools, childcare centers, and healthcare facilities.
• Limits when local police can ask about a person’s immigration status during routine interactions.
• Restricts how local agencies can work with federal immigration authorities on civil immigration matters.
• Prohibits new 287(g) agreements that allow local police to carry out certain federal immigration enforcement duties, except in limited situations.
• Creates new rules and procedures for immigration-related actions at courthouses beginning November 3, 2026.

How AIM HR Solutions Can Help

AIM HR Solutions can help employers prepare for an I-9 audit by reviewing existing records, identifying compliance issues and providing I-9 remediation services to address errors before an inspection occurs.

Related Resources

• Massachusetts PROTECT Act—Chapter 163 of the Acts of 2026
• Massachusetts Guidance for Employers Regarding Immigration and Work Authorization
• USCIS: Form I-9 Inspection Requirements
• USCIS: Correcting Form I-9 Errors or Missing Information
• Sample I-9 Inspection Notice

AIM HR Employer Hotline: AIM members with questions can call 800-470-6277 or email helpline@aimnet.org for guidance.