Fact Sheet & Highlights: The PROTECT Act H.5620 - Final Conference Report

An Act promoting rule of law, oversight, trust and equal constitutional treatment—the PROTECT Act— was originally filed by the Massachusetts Black and Latino Legislative Caucus and guards against violations of all residents’ Constitutional rights, promotes trust in local and state police, and curbs fear-inducing federal immigration actions at sensitive community locations, such as courts, public school grounds, and hospitals.

Young children, victims of crimes, and residents with complicated immigration statuses are among the groups who would be specifically protected and aided by provisions of the legislation.

Ensuring Equal Treatment Under the Constitution

Creates Pathway for Justice for Civil Rights Violations. Holds federal officers accountable for violations of residents’ Constitutional rights. Creates a new civil liability and holds federal agents to the same standards as municipal and state law enforcement officers.

Protects Residents from Discrimination. Prohibits state and local law enforcement from unnecessarily questioning a person about their immigration or citizenship status, or stopping a person because of their citizenship or immigration status.

Fostering Trust Between Residents and Their Communities

Prohibits New 287(g) Agreements. Prohibits law enforcement agencies in Massachusetts from entering into new ‘287(g)’ agreements unless the agreements are restricted to enforcement of criminal law and meet other criteria.

Enhances Protections at Sensitive Locations. Prohibits officers from making warrantless civil immigration enforcement arrests at certain sensitive locations, including public school grounds, childcare facilities, health care providers, and state courts, so people can use these resources and fully participate in their communities. Additionally, the bill gives the Governor the ability to prohibit immigration arrests and ICE operations in non-public 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.

Permits Pre-Arrangement of Guardianship. Allows parents to set up a pre-arranged guardianship plan for their children, in the event the family is physically split up upon detention or deportation.

Overseeing a Focused Law Enforcement System

Prohibits State and Municipal Participation in Immigration Enforcement. Prohibits state and local law enforcement officers from questioning someone or using state or local resources for the purpose of federal civil immigration enforcement, or conducting or participating in such enforcement. The legislation also prohibits detaining someone based on a civil immigration detainer or asking about civil immigration or citizenship status during a routine police stop unless necessary to enforce criminal law.

Preserves Authority to Investigate and Prosecute Crime. Makes clear that limits on law enforcement’s cooperation with federal immigration enforcement do not prevent local or state officers from investigating or enforcing criminal law, including receiving personally identifying information during a lawful criminal investigation, communicating with federal authorities for purposes of conducting coordinated criminal investigations unrelated to federal civil immigration enforcement, complying with a valid judicial warrant or court order, or enforcing other federal or state laws.

Provides Oversight Authority to the State Auditor. Directs the Office of the State Auditor to audit Sheriff Departments’ activities relative to any intergovernmental service agreements with the federal government and any other immigration detention facilities, such as the facility in Burlington, that are located in the Commonwealth.

Upholding the Rule of Law

Supports Victims of Crimes. Prioritizes the safety of immigrants who are victims of crime, including victims of human trafficking, when they are cooperating as witnesses in court proceedings. Expedites their special visa applications for faster processing by police or prosecutors to ensure they can continue to aid in an investigation or trial.

Establishes Local Custody Protections. Ensures individuals held in custody at a state or county correctional facility are legally protected by mandating that they are informed in writing of certain rights, including the right to legal counsel and the right to decline interviews by state or federal law enforcement, maintaining a confidential phone line for phone calls with counsel, providing a phone number for members of the public to use to confirm that an individual is being detained at a facility and how they can be contacted. It also requires that state and county correctional facilities limit disclosure to the minimum information necessary to confirm the location and contact information of a detained individual, and requires these facilities to maintain audit logs of access attempts and disclosures for a period of at least one year.

Notification of Workers’ Rights

Advance Notification to Employees. Requires employers to inform employees of receiving a notice of inspection by ICE to verify employment eligibility verification and other employment records