Summary At a Glance
- 48-Hour Requirement. Massachusetts employers who receive an Immigration and Customs Enforcement (ICE) Notice of Inspection for Forms I-9 or other employment records must provide written notice to each employee within 48 hours of receiving the request.
- Notice Applies Broadly. The requirement is not limited to Forms I-9 and may apply to other employment records requested by ICE; the law does not prescribe a specific notice form or delivery method.
- Employers Should Prepare in Advance. Employers should update I-9 audit response procedures, designate responsible personnel, develop a notice template and distribution process, and ensure ICE requests are escalated promptly.
Massachusetts employers now have a new employee notification obligation when U.S. Immigration and Customs Enforcement (ICE) requests to inspect Forms I-9 or certain other employment records.
On August 5, 2026, Governor Maura Healey signed House Bill 5620, the PROTECT Act, into law as Chapter 163 of the Acts of 2026. The law addresses several areas of civil immigration enforcement, including a new compliance requirement for Massachusetts employers.
New Employer Notice Requirement
Section 8 of the PROTECT Act amends Massachusetts General Laws Chapter 149, Section 19C.
Under the new requirement, except as required by federal law, an employer who receives an ICE Notice of Inspection requesting Forms I-9 or other employment records must provide written notice of the request to each employee within 48 hours of receiving the notice.
The law does not prescribe a specific notice form or delivery method. Because notice must be provided to each employee, employers should be prepared to reach employees who work remotely, are on leave, travel for work, or who may not regularly report to a physical worksite.
The PROTECT Act was passed as emergency legislation, and the employer notice requirement took effect on August 5, 2026.
Next Steps for Employers
The new requirement adds another time-sensitive step to the I-9 audit process. Employers who establish a response protocol before receiving an inspection notice will be better positioned to satisfy both their federal document-production obligations and Massachusetts’s employee notification requirement. To prepare for the new requirement, Massachusetts employers should:
- Update I-9 Audit Response Procedures. Incorporate the 48-hour employee notice requirement into existing audit procedures and identify who is responsible for immediately routing an ICE request to HR, legal counsel, or other designated personnel.
- Prepare a Notice and Distribution Process. Develop a written notice template and determine how it will be distributed quickly to all employees, including remote employees, employees on leave, and employees who travel for work.
- Review I-9 and Recordkeeping Practices. Regularly review Forms I-9 for accuracy, completeness, retention, and secure storage so records can be produced efficiently if requested.
- Train Relevant Personnel. Ensure HR personnel, managers, receptionists, office managers, and others who may receive government documents understand the immediate response requirements and know when to involve legal counsel.
How HR Works Can Help
HR Works can assist you by conducting a comprehensive Form I-9 audit or providing training for your onboarding staff on proper Form I-9 completion. Contact us today for more information.
Current Virtual Helpline or Strategic Services clients may contact the helpline or their designated HR Consultant with questions.
