In August 2026, Massachusetts enacted H.B. 5620 implementing new immigration related notice requirements for employers.  Under the new law, employers that receive a Notice of Inspection from U.S. Immigration and Customs Enforcement (ICE), announcing the inspection of I-9 forms or other employment records must provide written notice to affected employees within 48 hours of receiving the ICE notice, unless federal law requires otherwise.  H.B. 5620 took effect immediately upon enactment. 

Employers that receive a Notice of Inspection from ICE should be prepared to notify the impacted employees within 48 hours of receiving the Notice. The Massachusetts Attorney General has issued a sample notice and guidance here.

For additional guidance on this issue, please contact the Nelson Mullins Employment & Labor Group.