The Massachusetts House Just Took a Stand Against Courthouse Arrests
On Wednesday, March 25, 2026, the Massachusetts House of Representatives passed the PROTECT Act (H 5305) by a vote of 134 to 21. The bill would ban warrantless civil immigration arrests in courthouses and add several new protections for immigrants across the state. It now moves to the Massachusetts Senate for further action.
This is significant news for every immigrant in Massachusetts who has feared going to court. Over the past year, ICE agents have arrested more than 614 people in and around Massachusetts courthouses for civil immigration matters. In just the first two months of 2026, another 112 arrests occurred. People appearing in court for traffic tickets, domestic violence cases, and family disputes have been detained and placed into deportation proceedings.
The PROTECT Act is the legislature's response to that fear. Here is what the bill contains, what happens next, and what it means for you if you are an immigrant living in Massachusetts.
What the PROTECT Act Would Do
The bill includes several key provisions designed to limit how and where civil immigration arrests take place in Massachusetts.
Ban on Warrantless Courthouse Arrests
The central provision of the PROTECT Act bans civil immigration arrests inside courthouses unless the arresting officer presents proper documentation from a judge, justice, or magistrate. This means ICE agents would need a judicial warrant specifically authorizing the arrest of a named individual before making an arrest inside or near a courthouse. Civil detainer requests alone would not be sufficient.
This distinction matters. Under current federal practice, ICE often uses administrative warrants (issued by ICE itself, not by a judge) and civil detainers (requests to local law enforcement to hold someone). These documents do not carry the same legal weight as a criminal warrant issued by a judge. The PROTECT Act would require the higher standard for courthouse arrests.
Restrictions on Immigration Status Questions
The bill prohibits law enforcement officers from asking about the immigration status of potential detainees, witnesses, and crime victims. This is designed to address what prosecutors have described as a "chilling effect" on criminal cases: witnesses and victims have become afraid to appear in court or cooperate with investigations because they fear being arrested by ICE.
Employer Notice Requirements
The PROTECT Act requires employers to give workers 48 hours' notice after ICE alerts them to a planned inspection of I-9 employment eligibility verification forms. This gives workers time to seek legal advice and prepare before federal agents arrive at their workplace.
Limits on Local-Federal Cooperation
The bill preserves the Department of Correction's existing 287(g) agreement with ICE (which allows certain corrections officers to perform immigration enforcement functions). It also creates a limited pathway for other law enforcement agencies to establish similar agreements. Local police, however, would be restricted from initiating contact with ICE in connection with civil immigration matters.
Governor's Authority Over State Property
The PROTECT Act gives the Governor the power to further restrict where immigration enforcement actions can take place on state property. Governor Healey has already taken executive action to limit ICE activity at schools, hospitals, child care programs, churches, and courthouses, and this bill would codify and expand that authority.
Important Context: The Massachusetts Trial Courts reported 614 civil immigration arrests at or near courthouses in 2025, more than double the 282 arrests recorded in 2024. In just January and February of 2026, there were 112 more. The PROTECT Act is a direct response to this sharp escalation.
What Happens Next
The PROTECT Act now moves to the Massachusetts Senate. Senate leaders have expressed support for the courthouse arrest ban and have indicated interest in expanding the bill further. Potential additions could include protections at hospitals, schools, places of worship, and polling places, along the lines of proposals Governor Healey has already put forward.
If the Senate passes a different version of the bill, the two chambers would need to reconcile their versions in a conference committee before sending a final bill to the Governor's desk. Governor Healey has shown strong support for immigrant protections throughout her administration, including launching a state portal for reporting ICE misconduct on March 13, 2026.
There is no firm timeline for Senate action, but the momentum is clear. The bill passed the House Ways and Means Committee 25-0 and the full House 134-21, with broad bipartisan support at the committee level.
What This Means for You Right Now
The PROTECT Act has not yet become law. Until it is signed by the Governor, ICE can still conduct civil arrests at courthouses under current federal policies. Here is what you should know and do in the meantime:
If You Have a Court Date
Do not skip your court appearance. Missing a court date can result in a default judgment against you or a warrant for your arrest, which creates far worse legal consequences than appearing in court. If you have concerns about ICE presence at a courthouse, speak with an immigration attorney before your court date to discuss your specific situation and develop a plan.
Know the Difference Between Warrants
A judicial warrant (signed by a judge) and an ICE administrative warrant (signed by an ICE officer) are different documents with different legal authority. You are not legally required to comply with an ICE administrative warrant or a civil detainer. However, navigating these situations in real time is stressful and complex. Having an attorney who can advise you in advance is the best way to protect yourself.
Exercise Your Rights
Regardless of your immigration status, you have constitutional rights. You have the right to remain silent. You have the right to refuse to sign documents. You have the right to ask whether you are free to leave. You have the right to speak with an attorney before answering questions. If you are approached by an ICE agent, you can calmly state that you wish to exercise your right to remain silent and that you would like to speak with a lawyer.
Report ICE Misconduct
Massachusetts has launched a new online portal where residents can report alleged misconduct by ICE agents. If you witness or experience inappropriate conduct by federal immigration officers, you can file a report through the state portal. This helps the state track enforcement patterns and build a record of how federal agents are operating in Massachusetts.
Remember: Going to court is still important, even with heightened enforcement. Domestic violence survivors, people with active criminal cases, and anyone with court orders need to continue attending their hearings. Failure to appear can result in consequences that are often worse than the risk of an ICE encounter. Talk to a lawyer about your specific situation before making decisions based on fear.
Why This Bill Matters Beyond Courthouses
The PROTECT Act addresses a problem that extends well beyond immigration enforcement. When immigrants are afraid to go to court, the entire justice system suffers. Domestic violence victims stop seeking protective orders. Witnesses to crimes refuse to testify. Parents avoid custody hearings. Tenants facing illegal evictions decline to appear before a judge. The result is a system where entire communities become invisible to the law, and where criminals and abusers operate with greater impunity because their victims are too afraid to seek justice.
The 614 courthouse arrests in 2025 did not just affect 614 individuals. They sent a message to every immigrant in Massachusetts that going to court could mean losing your freedom. The PROTECT Act is an attempt to reverse that chilling effect and restore basic access to justice for all residents of the Commonwealth.
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