After months of deliberation, commission-building and drafting, An Act promoting rule of law, oversight, trust and equal constitutional treatment—the PROTECT Act (H.5620) – has been passed in both chambers of the legislature. The PROTECT Act was originally filed by the Massachusetts Black and Latino Legislative Caucus and guards against violations of all residents’ Constitutional rights, promotes trust in local and state police, and protects against fear-inducing federal immigration actions at sensitive community locations, such as courts, public school grounds, and hospitals.
“I’m feeling immense gratitude for the countless electeds, partners, advocates, and voices who came together in this moment to deliver for our immigrant neighbors,” said Senator Lydia Edwards. “Passing the PROTECT Act reminds us of the significance of staying in the fight – no matter what. I want to especially thank my fellow members of the Massachusetts Black and Latino Legislative Caucus, chaired by Representative Andy Vargas, for leading on this crucial legislation. The fight is far from over, but I’m proud to share that Massachusetts now has the strongest protections for immigrants in the nation.”
Included in the PROTECT Act are three provisions led by Senator Lydia Edwards:
?1?Protecting courthouses by prohibiting federal immigration agents/agencies from conducting warrantless civil arrests both in Massachusetts state courthouses and the courthouse curtilage – the surrounding area.
?2?Establishing a Statewide Commission on Immigration to operate for the next three years, tasked with advising on immigration policy and implementation across the Commonwealth, reviewing immigration legal defense funding, and responding to emergencies.
?3?Reforming the U and T Visa certification process to better protect immigrant survivors of crime. U and T visas are federal protections for victims of serious crimes—including assault, domestic violence, kidnapping, and human trafficking—who cooperate with law enforcement investigations or prosecutions. The legislation reduces the certification timeline from 90 days to 30 days, with an expedited 10-day process for emergency situations, such as when a survivor is facing imminent deportation.
Key Provisions of the PROTECT Act
Creates a Civil Remedy for Constitutional Violations. The Act establishes a new civil cause of action allowing individuals to seek damages when federal officers violate their constitutional rights. For the first time, federal immigration agents operating in Massachusetts will be held to the same legal standards as state and local law enforcement, strengthening accountability for unconstitutional conduct. This reform addresses a longstanding gap in accountability and ensures that federal officers are subject to the same legal standards as state and local law enforcement while operating in the Commonwealth.
The legislation creates an important new tool for families seeking justice after alleged misconduct by federal immigration officers. Had this legal remedy existed previously, it could have provided an additional avenue for accountability in cases such as the devastating loss of Alex Pretti and Renee Good.
Protects Residents from Discrimination. State and local law enforcement may not stop, question, or investigate someone based solely on their actual or perceived immigration or citizenship status unless necessary for a criminal investigation.
Limits Local Participation in Federal Civil Immigration Enforcement. The legislation prohibits state and local law enforcement from using public resources to enforce federal civil immigration law, honoring civil immigration detainers, or questioning individuals about immigration status during routine interactions unless necessary to enforce criminal law.
Prohibits New 287(g) Agreements. Law enforcement agencies in Massachusetts may not enter into new agreements deputizing local officers to carry out federal civil immigration enforcement except in limited criminal law circumstances.
Protects Sensitive Locations. Warrantless civil immigration arrests are prohibited at sensitive locations, including public schools, childcare centers, healthcare facilities, and state courthouses. The legislation also authorizes the Governor to restrict ICE operations in non-public areas of state facilities and requires multilingual guidance explaining individuals' rights and how to respond to immigration enforcement actions.
Helps Families Prepare. Parents may establish pre-arranged guardianship plans for their children in the event detention or deportation separates a family.
Preserves Criminal Law Enforcement. The Act makes clear that these protections do not prevent state and local law enforcement from investigating crimes, executing judicial warrants, participating in criminal investigations with federal authorities, or enforcing state and federal criminal laws.
Strengthens Oversight of Immigration Detention. The Office of the State Auditor is directed to audit county sheriffs' immigration detention agreements with the federal government, as well as other immigration detention facilities operating in Massachusetts.
Supports Victims of Crime. The legislation expedites U and T visa certifications so immigrant survivors who assist law enforcement can continue participating in investigations and prosecutions without unnecessary delays.
Effectively creates a Detainee Bill of Rights. Individuals held in state or county correctional facilities will receive new legal protections, including written notice of their rights, access to legal counsel, confidential attorney phone calls, and the right to decline interviews with state or federal law enforcement. Correctional facilities must also provide a public method for confirming that someone is being detained while limiting unnecessary disclosure of personal information and maintaining records of access and information disclosures to promote transparency and accountability.
Requires Advance Notice of Workplace Immigration Audits. Employers must notify employees not later than 48 hours after they receive an ICE notice of inspection for employment eligibility verification or other employment records.
The PROTECT Act will now head to the Governor’s desk for her signature. Read the bill text at malegislature.gov/Bills/194/H5620.