Summary of the PROTECT Act - Limits on Cooperation with Federal Immigration Enforcement

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An Act Promoting Rule of Law, Oversight, Trust and Equal Constitutional Treatment (the PROTECT Act), Ch. 163 of the Acts of 2026, signed by the Governor on August 5, 2026, establishes a framework governing interactions between state and local officials and federal civil immigration enforcement authorities. While not exclusively directed at municipalities, numerous provisions of the PROTECT Act affect municipal governments, police departments, schools, and childcare providers, among other stakeholders.

Of particular relevance to municipalities, the Act restricts certain civil immigration enforcement activities in designated sensitive areas such as courts, schools, and childcare facilities, limits the circumstances under which state and local law enforcement agencies may participate in federal civil immigration enforcement, regulates information sharing with federal immigration authorities, establishes new policy requirements for school districts, requires employers to notify employees of scheduled I-9 audits, and authorizes enforcement by the Attorney General.

While many towns may already have procedures in place concerning federal immigration enforcement activities, municipalities should review existing policies to determine whether updates are necessary in the following areas:

Schools and Childcare Facilities

Civil law enforcement arrests (e.g., civil immigration enforcement) are generally not allowed on school and daycare grounds except pursuant to a judicial warrant.
School committees must ensure that schools maintain written emergency response plans addressing interaction with law enforcement agents engaged in civil law enforcement, including federal immigration authorities.
School districts are required to adopt policies and procedures governing interactions with civil immigration enforcement officials, including designation of points of contact, documentation procedures, notifications, and communication with families.
Daycares must adopt policies regarding interactions with law enforcement agents engaged in civil law enforcement.
State agencies are directed to publish model policies and guidance.

Police Departments

Subject to narrow exceptions, local law enforcement agencies and officers:

May not inquire into immigration or citizenship status except with documented, case-specific reasons such as when status is material to certain criminal investigations.
May not use local resources to conduct or participate in federal immigration enforcement activities.
May not provide certain nonpublic information, custody information, or release and court appearance information to federal immigration authorities.
May not stop, arrest, search, seize, or detain individuals based on actual or perceived citizenship or immigration status, or investigate, question, or interrogate an individual for the purpose of federal civil immigration enforcement.
May not detain individuals based solely on an immigration detainer beyond the time such individual would otherwise be eligible for release.
May not enter new or expanded 287(g) agreements of the Immigration and Nationality Ac to perform federal civil immigration enforcement functions.

Municipal police departments that act as U-Visa or T-Visa certifying entities should also review the Act’s new requirements concerning certification policies, designated officials, response timelines, and reporting obligations.

Municipal Employers

Except as required by federal law, employers must provide written notice to employees not later than 48 hours after receiving a notice of an ICE inspection of I-9 employment eligibility verification forms or other employment records.

Effective Dates and Compliance Deadlines

School districts and childcare providers were required to adopt the policies required by the Act by September 1, 2026, or the first day of the 2026-2027 school year, whichever came earlier. DESE model policies are available at https://www.doe.mass.edu/commissioner/spec-advisories/protect-act/policy.html.
Law enforcement restrictions became effective 30 days after Act’s effective date (September 4, 2026).

Further guidance may be found at https://www.mass.gov/protecting-people-from-ice.