The House of Representatives and Senate have reached agreement on HB5620, the so-called PROTECT Act, which would establish statewide standards for U.S. Immigration and Customs Enforcement (ICE) access in sensitive locations, including nursing facilities, healthcare settings, child care centers, and schools.
For Massachusetts nursing facilities, where approximately 40 percent of the direct care workforce is foreign-born, the legislation is particularly significant. Many immigrant caregivers have expressed fear and uncertainty in response to recent changes in federal immigration enforcement policy. The PROTECT Act is intended to provide greater clarity regarding the rights of healthcare providers, immigrants, and the circumstances under which civil immigration enforcement may occur within and beyond nursing facilities.
Under the bill, and consistent with MSCA’s Toolkit, nursing facilities would be required to adopt and implement policies governing interactions with immigration enforcement personnel, including procedures for staff and the designation of nonpublic areas within facilities. The compromise legislation would also prohibit civil immigration arrests in designated nonpublic areas of covered healthcare facilities without a judicial warrant. The legislation builds upon Governor Healey's January 29 executive order by establishing statutory requirements for healthcare providers and directing state agencies to develop model policies and guidance for responding to immigration enforcement activities.
The Conference Committee bill also would establish new limits on state and local law enforcement cooperation with federal civil immigration enforcement, including restrictions on certain inquiries, information sharing, and detention practices, while preserving authority to investigate and enforce criminal laws. Additionally, the bill would establish a temporary Commission on Immigration Matters to review state immigration policies and interactions with federal immigration authorities and to make recommendations on future legislative and policy changes.
The House and Senate are expected to send the bill to Governor Healey for her action later this week.