PROTECT Act compromise sent to governor’s desk

Last week, a six-member conference committee charged with finalizing a compromise bill on the PROTECT Act released its compromise proposal, which now awaits action by Gov. Maura Healey.

The legislation is aimed at keeping federal immigration enforcement out of “sensitive places.” The bill was enacted late last week in both the House and Senate before heading to the governor’s desk.

The final accord adopts the broader scope of protected areas offered in the Senate’s version of the bill, restricting warrantless arrests by immigration enforcement officers in courthouses, schools, childcare centers and healthcare centers. Each of these groups would need to create guidance and model policies on interactions related to law enforcement agents, with each school district ensuring it has a written emergency response plan related to these interactions by Sept. 1, 2026, or the first day of school, whichever is earlier.

The bill also codifies the Supreme Judicial Court’s “Lunn” decision by reinforcing the idea that local officers cannot arrest or detain a person based on an Immigration and Customs Enforcement detainer alone. The final bill also prohibits any new 287(g) agreements for civil immigration enforcement. The state’s only current 287(g) agreement between the Department of Correction and ICE is allowed to remain intact.

The final compromise also prevents officers from inquiring about immigration status during routine policing, and creates new civil liability for ICE agents by allowing victims of unjustified actions to sue them in state court.

The original legislation was filed earlier this year by members of the Black and Latino Legislative Caucus and is closely related to an executive action by Healey to restrict federal ICE agents on state property.