Massachusetts House passes the protect Act

Special to the Times

The Massachusetts House of Representatives passed the PROTECT Act, landmark legislation led by State Representative Judith Garcia and State Representative Andy Vargas, Chair of the Massachusetts Black and Latino Legislative Caucus, in partnership with the Caucus. The bill establishes clear statewide standards governing how state and local systems interact with federal immigration enforcement, strengthening due process protections while ensuring public safety and trust in the Commonwealth’s institutions.

Originally filed by Representative Garcia and Representative Vargas, the PROTECT Act delivers a practical and legally sound response to growing concerns across Massachusetts, particularly in communities like Chelsea, where residents have raised alarm about the impact of federal immigration enforcement in courthouses and the broader justice system.

“This legislation is a direct response to what I have seen and heard as the State Representative for Chelsea and Everett,” said Representative Judith Garcia. “Residents shared urgent concerns about what was happening in our courthouses, including fears about showing up for their own cases. I met with families who were directly impacted and visited the Plymouth correctional facility, where I spent hours speaking with individuals who had been detained. Their experiences played a critical role in shaping this bill.

Nine months ago, I was appointed to serve on an immigration task force charged with developing a response that is both legally sound and grounded in the authority we have at the state level. From the beginning, my focus has been clear: we cannot control federal immigration policy, and we cannot pursue blanket approaches that fall outside our jurisdiction. But we do have a responsibility to ensure that our state systems, especially our courts, operate safely, fairly, and with integrity.

I was proud to co-lead the filing of the PROTECT Act alongside Representative Vargas to deliver a bill that is both practical and enforceable. This legislation establishes clear standards for what happens in our courthouses, protects due process, and ensures that all residents can access our justice system without fear. For communities like Chelsea, Everett and across the Commonwealth, this is about restoring trust, upholding the rule of law, and making sure our institutions work for everyone.”

After constituents raised concerns last year, Representative Garcia called for an investigation into courthouse conditions. The Trial Court confirmed the increasing challenges facing court operations as a result of federal immigration enforcement activity.

The Trial Court submitted a letter of support for this legislation emphasizing the high number of ICE arrests within their courthouses over the past 15 months. In 2025, there were at least 614 arrests within courthouses across the Commonwealth. Since the start of this year, they have documented another 137 courthouse arrests by ICE. They expressed how prohibiting ICE arrests without a judicial warrant within the courthouse will allow the judicial branch to operate free from external interference and ensure that courthouses remain safe and accessible to all court users. 

“We are grateful for the leadership and swift action of our legislature on the PROTECT Act. These efforts build back trust and sense of safety in our community. The PROTECT act ensures that families in Chelsea feel safe and supported. It reinforces established constitutional rights. It does not weaken public safety. It strengthens it. We will continue moving forward, building a strong commonwealth that protects all of our residents,” said Chelsea City Manager Fidel Maltez.

“We were extremely happy to be in the State House witnessing this great day when the House passes the PROTECT Act,” said Gladys Vega, President & CEO of La Colaborativa. “This bill was drafted and based on feedback from our communities. This bill will limit ICE’s presence in our courtrooms and ensure that witnesses and victims can continue to come forward and participate in our judicial system with no fear. We are also extremely grateful for reforming the certification process of the U and T visas, which will help many in our community cooperate in investigations of crime and human trafficking. This legislation is very needed for cities like Chelsea and Gateway Cities, and we urge the Senate to pass it quickly.”

“Since the beginning of President Trump’s second term, ICE and Border Patrol agents have continued to carry out aggressive enforcement actions that have created fear and uncertainty in communities across Massachusetts,” said House Speaker Ronald J. Mariano (D-Quincy). “That’s why this legislation is so important, as it takes steps to ensure that all residents are treated equally under state law and helps protect the trust between communities and law enforcement. I want to thank Chairman Michlewitz, Chairman Cahill, Representative Garcia, Chairman Vargas, and the Massachusetts Black and Latino Legislative Caucus for their leadership and dedication to this issue.”

“By passing the PROTECT Act, we will create a statewide standard for governing interactions between state and local systems and federal immigration enforcement,” said Representative Aaron Michlewitz (D-Boston), Chair of the House Committee on Ways & Means. “This legislation ensures uniform protections and fundamental civil rights for all residents, regardless of immigration status.”

“This legislation affirms that due process is not a courtesy extended at the government’s discretion, it is a constitutional right,” said Representative Andy Vargas (D-Haverhill), Chair of the Massachusetts Black and Latino Legislative Caucus. “This bill ensures that our courts function, that trust in our communities is preserved, and that the promise of due process is upheld for all.”

Following the filing of the PROTECT Act in January, House leadership convened discussions with legislators and stakeholders, including immigration advocates, law enforcement officials, district attorneys, sheriffs, union leaders, civil liberties organizations, and representatives from the Attorney General’s Office, the Healey-Driscoll Administration, and the Trial Court.

Key Provisions of the 

PROTECT Act

Limits on Law Enforcement

Restricts state and local involvement in federal civil immigration enforcement, including limiting when immigration status can be questioned and restricting the use of local resources.

Courthouse Arrest 

Protections

Requires a judicial warrant or order for civil immigration arrests in courthouses and limits arrests in courtrooms.

Detention and Legal Access

Establishes uniform standards in correctional facilities, including access to legal counsel, language services, and transparency in custody status.

Worker Notification

Requires employers to notify employees within 48 hours of federal immigration inspections.

U and T Visa 

Certification Reform

Improves and streamlines the certification process for victims of crime and human trafficking.

Bail Considerations

Allows courts to consider the likelihood of deportation when making bail determinations to preserve case integrity.

State Facilities and 

Public Guidance

Authorizes restrictions on enforcement in nonpublic state facilities and requires multilingual public guidance.

Enforcement

Empowers the Attorney General to enforce compliance through civil action.

The bill passed the House of Representatives 134–21 and now moves to the Senate.

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