Massachusetts

/in

Massachusetts: Employers Must Provide Employees with Notice of I-9 Inspections

APPLIES TO

All Employers with Employees in MA

EFFECTIVE

AUG 5, 2026

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Quick Look

  • Effective August 5, 2026, Massachusetts employers must provide employees with notice within 48 hours after receiving an ICE Notice of Inspection for Forms I-9 or other employment records.

Discussion

Massachusetts employers must now provide employees with written notice within 48 hours after receiving an ICE Notice of Inspection for Forms I-9 or other employment records. HB 5620, or the PROTECT Act, does not describe the contents of the notice, the method of delivery of the notice, or retention requirements. It remains to be seen whether Massachusetts will issue a model notice or additional guidance like California and Illinois who each have similar laws. The law does have a narrow exception for the notice requirement in cases where notification may not be permitted. Failure to comply may result in penalties of $200 – $500 per violation.

 

Despite the lack of a formal guidance on the contents or the delivery of the notice, employers should provide the minimum information provided by the statute, select a delivery method that ensures each worker will receive the notice, and document its compliance with the requirements of the law which includes retaining a copy of the notice. Until there is additional guidance, employers may also wish to work with their legal counsel to determine the appropriate contents, communication methods, and other considerations that are appropriate for their particular workforce.

 

Action Items

  1. Implement or update an ICE response plan to meet the 48-hour employee notice deadline upon receipt of a Notice of Inspection.
  2. Consult with legal counsel regarding ICE Notice of Inspection and template notice communication to workers.
  3. Have appropriate personnel trained on the requirements.
  4. Review the Protect Act One Pager for more information (English / Spanish).

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase