Protect Act
Massachusetts recently enacted the PROTECT Act which is aimed at limiting certain civil immigration enforcement activity in courthouses, schools, child-care settings, and health care settings. The Act also created a compliance requirement for employers with employees working in Massachusetts.
Section 8 of the PROTECT Act amends G.L. c. 149, § 19C to require employers to notify each employee in writing within 48 hours after receiving a Notice of Inspection from U.S. Immigration and Customs Enforcement (“ICE”) seeking I-9 forms or other employment records. The statute also notes “Except as required by federal law.”
The law requires this notice be provided to “each employee”, not just those whose records were requested. Some implementation questions remain. The statute does not prescribe the form or method of notice or further define the circumstances in which federal law would override the notice requirement. Employers should have a written employee notice template and a process for promptly distributing and documenting the notice if an ICE Notice of Inspection is received.