Press Room

The Massachusetts House of Representatives today passed legislation that establishes statewide standards governing interactions between state and local systems and federal immigration enforcement. It strengthens due process protections, limits civil immigration enforcement in courthouses, expands protections for victims of crime, and increases transparency, accountability, and clarity for correctional facilities and law enforcement. The PROTECT Act was originally filed by the Black and Latino Legislative Caucus (BLLC), with the goal of offering feasible policy options to address growing immigration concerns 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 Renee Good and Alex Pretti, 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 Michlewitz, Chairman Cahill, Chairman Vargas, Leader González and the Black and Latino Legislative Caucus for working tirelessly to incorporate vital feedback from immigrant communities and law enforcement alike, as well as the entire House for recognizing the importance of this legislation.”

“By passing the Protect Act we will create a statewide standard for governing interactions between state and local systems and federal immigration enforcement. This legislation will ensure uniform protections and fundamental civil rights for all our residents, no matter their immigration status,” said Representative Aaron Michlewitz (D-Boston), Chair of the House Committee on Ways & Means. “I want to thank Speaker Mariano, Chair Cahill, and especially the Black and Latino caucus for their dedication and commitment to working towards a comprehensive legislative solution. I appreciate all my House colleagues for the support on this critical piece of legislation.”

“Our Commonwealth and nation are built upon a foundation of laws. After 250 years of democracy, we believe it is incumbent upon us in Massachusetts to affirm and uphold the fundamental principles that 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, and legal experts, 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.”

“This legislation affirms that due process is not a courtesy extended at the government’s discretion, it is a constitutional right. Today is the culmination of months of work by the MA Black and Latino Caucus in partnership with a House leadership team that has centered the voices of our communities every step of the way,” Representative Andres X. Vargas (D-Haverhill), Chair of the Black and Latino Legislative Caucus. “This bill does not exist to make a political point. It exists to ensure that our courts function, that our officers preserve trust in our communities, and that the constitutional promise of due process is kept — not for some, but for all who live within this Commonwealth. I’m grateful to the many advocates who shared their stories, the law enforcement officials who strengthen the bill, and Speaker Mariano and Chair Cahill for the thoughtful and deliberate process.”

"The Protect Act stands as a testament to our enduring dedication to Massachusetts' constitutional values. This commitment has been affirmed by the leadership of the Speaker and delegated to the Black and Latino Caucus, supported by the Committee on Public Safety and Homeland Security. It emphasizes due process, ensuring that every individual is treated fairly under the law,’ said Representative Carlos González (D-Springfield), Third Division Chair.  “As we honor our rich history in Massachusetts, where the ideals of justice and equality took root 250 years ago, we take a crucial step forward in safeguarding the rights of all residents. In light of recent challenges, it is urgent that we act decisively to protect these fundamental rights and uphold the principles that define our democracy."

After the filing of the BLLC’s bill in late January, House Leadership convened Member meetings to facilitate candid discussions among Representatives on immigration policy. They then met with a variety of stakeholders to receive and incorporate feedback on the bill. Stakeholders included immigration advocates, law enforcement groups, district attorneys, sheriffs, union leaders, civil liberties groups and public defenders, as well as with staff from the Attorney General’s Office, the Healey-Driscoll Administration, and the Trial Court.

The bill passed today includes the following policies:

Limits on Law Enforcement

The bill restricts state and local involvement in federal civil immigration enforcement. It prohibits law enforcement from inquiring about immigration status unless the inquiry is directly material to a specific criminal offense (for example: human trafficking), and bars the use of local resources for civil immigration enforcement. It limits the sharing of nonpublic information and advance release notifications.

The bill also prohibits law enforcement agencies and political subdivisions from executing, renewing, or materially expanding a 287(g) memorandum of agreement; and adds oversight and reporting. This change effectively allows only narrow, time-limited exceptions tied to criminal public safety purposes.

Courthouse Arrest Protections

The legislation limits civil arrests in courthouses by requiring a judicial warrant or order, and a review by a judicial official. Except in extraordinary circumstances, as determined by the judicial official, the bill also prohibits a civil arrest from being made in a courtroom.

Detention & Legal Access

The bill creates uniform standards for individuals in correctional facilities. It requires notice of legal rights in a person’s primary language at intake, guarantees confidential attorney-client communication, and mandates the timely tracking of custody status and transfers with notice to counsel and designated contacts. Under this bill, corrections facilities must provide interpretation services for key interactions and ensure access to court proceedings, including remote options. It also creates a public-facing system for locating detained individuals is also required.

Worker Notification

The legislation requires that employers provide written notice to employees within 48 hours of receiving a federal immigration inspection notice, such as an I-9 audit.

U & T Visa Certification Reform

The bill reforms the certification process for victims of crime and human trafficking. It also broadens qualifying criminal activity, clarifies that charges or convictions are not required, and mandates clear policies and timelines for certifying entities, including expedited review in urgent cases. Additionally, it creates a presumption of helpfulness for cooperating victims, prohibits fees and retaliation, and requires data reporting to ensure accountability.

Bail Consideration

Under this legislation, courts may consider the likelihood of imminent deportation when making bail determinations. By allowing this update, defendants remain available to appear at future court dates and fully participate in the proceedings. This helps preserve the Commonwealth’s interest in adjudicating cases on their merits and maintains continuity in the judicial process.

State Facilities & Guidance

The legislation authorizes the Governor to restrict civil immigration enforcement in nonpublic areas of state facilities, and requires multilingual guidance for agencies, private entities, law enforcement, and the public. The guidance addresses how to respond to enforcement actions, verify credentials, document interactions, and understand individual rights.

Enforcement

Additionally, the attorney general is authorized to enforce key provisions through civil actions, with courts empowered to order compliance, monitoring, and reporting. The bill also specifies that there is no private right of action, except an individual may apply for a writ of habeas corpus if the individual has reasonable cause to believe a violation occurred.

The bill passed the House of Representatives 134-21. It now goes to the Senate for consideration.

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Statements of Support:

Gladys Vega, President & CEO of La Colaborativa:

“We are extremely happy to be in the State House witnessing this great day when the House passes the PROTECT Act. The Black and Latino Legislative Caucus drafted this bill based on feedback from our communities. This bill will limit ICE’s presence in our courtrooms and ensure that witnesses and victims can continue to come forward and participate in our judicial system with no fear. We are also extremely grateful for reforming the certification process of the U&T visas, which will help many in our community cooperate in investigations of crime and human trafficking. This legislation is very needed for cities like Chelsea and Gateway Cities, and we urge the Senate to pass it quickly.”

Lenita Reason, Executive Director of The Brazilian Worker Center & Co-Chair of the Project Massachusetts Communities (PMC) coalition:

“Today’s overwhelming vote by the House of Representatives is an important step forward towards protecting Massachusetts communities from ICE’s violence and abuse. As Executive Director of the Brazilian Workers Center, every day I see members in my community seized from their homes, cars, workplaces, leaving devastated communities in their wake. I am appreciative of Speaker Ron Mariano, House leadership, the Black and Latino Caucus and the Public Safety committee’s leadership on moving forward the vote for H.5305, the PROTECT Act.”