What the PROTECT Act Means for Immigrants Facing ICE in Massachusetts
If you are an immigrant living in Massachusetts, a new state law now limits where and how federal immigration agents can operate. Governor Maura Healey signed the PROTECT Act on August 5, 2026, and it took effect immediately. The law bars Immigration and Customs Enforcement (ICE), the federal agency responsible for interior immigration enforcement, from making warrantless civil arrests at public schools, courthouses, hospitals, and other sensitive locations across the state.
In July 2025, State Representative Jim Hawkins (D-Attleboro) filed a bill that would have banned ICE agents from wearing masks during enforcement operations in Massachusetts. That bill did not advance through the legislature. The PROTECT Act, which the legislature passed and the governor signed into law, is a broader measure that addresses where ICE can operate and how state and local police interact with federal immigration enforcement. It does not include a mask ban.
If you have questions about how any of this affects your immigration case, call Brooks Law Firm at (617) 245-8090 to schedule a free consultation with an immigration attorney who can review your specific situation.
The Law Bars ICE From Courthouses, Schools, and Hospitals
The PROTECT Act creates several categories of protections for Massachusetts residents. Understanding what the law covers, and what it does not, matters for anyone navigating the immigration system in the state.
The law bars warrantless civil immigration arrests at locations the legislature designated as sensitive, including public school grounds, childcare facilities, healthcare providers and hospitals, nursing homes, and state courthouses. This means ICE agents cannot detain someone at these locations for a civil immigration matter unless they have a judicial warrant, which is a warrant signed by a judge rather than an internal agency document. The law also gives the governor authority to extend similar protections to non-public areas of other state facilities.
The law prohibits Massachusetts state and local police from participating in federal civil immigration enforcement. Officers cannot question someone about their immigration or citizenship status during a routine stop. They cannot detain anyone based solely on a civil immigration detainer. And they cannot use state or local resources for the purpose of federal immigration enforcement. Law enforcement agencies are also prohibited from entering into new agreements under Section 287(g) of the Immigration and Nationality Act, which allows local police to act as federal immigration agents, unless those agreements are limited to criminal law enforcement.
The law preserves the authority of state and local police to investigate and enforce criminal law. That includes cooperating with federal authorities on criminal investigations unrelated to civil immigration enforcement and complying with valid judicial warrants.
The PROTECT Act also creates a new civil liability for federal officers who violate residents’ constitutional rights, holding them to the same standards as state and local law enforcement. It prioritizes the safety of immigrants who are victims of crime and requires police and prosecutors to expedite certifications for special visa applications, such as U visas (for victims of qualifying crimes) and T visas (for victims of human trafficking), so that victims cooperating with law enforcement can continue to aid investigations.
The law allows parents facing the possibility of detention or deportation to set up a pre-arranged guardianship plan for their children. And it requires state and county correctional facilities to inform individuals in custody of certain rights in writing, including the right to legal counsel and the right to decline interviews with federal agents.
What the Law Does Not Cover: Masked Agents
The PROTECT Act does not include any restriction on federal agents wearing face coverings during enforcement operations. Several other states passed similar laws, but federal courts have temporarily blocked most of them, pending final judgment. A federal judge in California blocked that state’s mask ban in February 2026, finding it was inconsistently applied to some law enforcement officers and not others. In Virginia, a judge enjoined the mask law in July 2026, holding it intruded on the federal government’s control over its own officers. A New York judge blocked that state’s ban in August 2026 on intergovernmental immunity and Supremacy Clause grounds. Washington passed a mask ban that has not been challenged in court, but a law that has not been tested is not the same as one that has been upheld. Massachusetts chose not to include a mask provision in its final legislation.
The original mask-ban bill, filed by Representative Hawkins in July 2025 following the March 2025 arrest of Tufts University graduate student Rumeysa Ozturk by masked agents in Somerville, would have made it a misdemeanor for any law enforcement officer to wear a mask while interacting with the public on duty. Exceptions would have applied for medical masks and tactical operations. Attorney General Andrea Campbell publicly expressed skepticism in November 2025 about whether state legislation could effectively get federal agents to remove their masks, and the bill did not advance.
This means that ICE agents may still wear face coverings during operations in Massachusetts. If federal agents approach you, they may not be visually identifiable as law enforcement. Knowing how to respond in that situation remains important.
You Do Not Have to Open Your Door
Whether or not agents are masked, you have constitutional protections when federal officers approach your home. The single most important distinction to understand is the difference between a judicial warrant and an administrative warrant.
A judicial warrant is signed by a judge, based on a finding of probable cause reviewed by an independent court. If ICE agents present a judicial warrant for your address, they have legal authority to enter.
An administrative warrant is different. Forms like ICE Form I-200 or Form I-205 are internal agency documents signed by an immigration official, not a judge. Whether an administrative warrant alone authorizes ICE to enter a private home is a contested legal question. The current administration has taken the position that these warrants allow entry into homes of individuals with final removal orders. Civil rights organizations and many legal scholars disagree, and the issue is being challenged in court.
Because of this legal uncertainty, exercising your rights carefully matters. You do not have to open your door. If agents present a document, you can ask them to slide it under the door so you can check whether it is a judicial warrant (look for a judge’s signature and a court seal) or an administrative warrant.
You have the right to remain silent under the Fifth Amendment, the part of the Constitution that protects you from being forced to answer questions that could be used against you. You can state that you wish to speak with an attorney before answering any questions. You are not required to sign any documents, and signing something without legal advice may affect your case.
If you can, try to document the interaction, including the time, the number of agents, whether they identified themselves, and any visible identification. These rights apply regardless of your immigration status.
Talk to an Attorney Before ICE Contacts You
The PROTECT Act gives Massachusetts residents protections that did not exist before, but it does not remove all risk. ICE continues to operate in the state, and enforcement in public spaces, workplaces, and private homes is not covered by the sensitive-locations bar. If you have a pending immigration case, whether it involves asylum, a green card application, or removal proceedings (the process where an immigration judge decides whether someone must leave the country), understanding how these changes affect you is worth a conversation with an attorney who knows your case.
Reach out to Brooks Law Firm today to schedule a free consultation at (617) 245-8090, and we will give you an honest look at where you stand and what steps make sense for your situation.
Frequently Asked Questions
Does the PROTECT Act ban ICE agents from wearing masks in Massachusetts?
No. The PROTECT Act does not restrict face coverings. Several other states passed mask-ban laws, but federal courts have temporarily blocked California’s, Virginia’s, and New York’s. Washington’s has not been challenged. ICE agents may continue to wear masks during operations in Massachusetts.
Can ICE arrest me at a courthouse or hospital under the new law?
The PROTECT Act bars warrantless civil immigration arrests at courthouses, public schools, childcare facilities, hospitals, and other healthcare providers. If ICE agents have a judicial warrant signed by a judge, the law’s protections at these locations may not apply. If you have a court date or a medical appointment, speaking with an immigration attorney about your specific situation beforehand may be important.
Do I have to open my door if ICE comes to my home?
You are not required to open your door. If agents present a document, ask them to slide it under the door so you can check whether it is a judicial warrant (signed by a judge with a court seal) or an administrative warrant (an internal ICE form). Whether an administrative warrant alone authorizes home entry is a contested legal question, and how you respond in that moment can have legal consequences. Speaking with an attorney before or immediately after an encounter is strongly recommended.
Does this law stop local police from helping ICE?
The PROTECT Act prohibits Massachusetts state and local police from participating in federal civil immigration enforcement. Officers cannot question people about immigration status during routine stops or detain anyone based solely on a civil immigration detainer. Local police can still enforce criminal law and cooperate with federal authorities on criminal investigations.
