This is the final installment of our PROTECT Act series. In Part 1, I covered the gap in both versions around police databases and ICE access, and the differences in how officers can communicate with ICE. In Part 2, I covered the protected locations provisions: courthouses, schools, child care, health care facilities, and places of worship. Today I am covering the remaining provisions that the conference committee must reconcile.

This is one of the most urgent provisions in the bill and it only appears in the Senate version. The Senate amends the guardianship statute (Ch. 190B, §5-202) to allow parents to designate a standby guardian who automatically assumes temporary guardianship if the parent is detained, deported, or denied entry into the United States. This means a parent can plan ahead and name a trusted adult to care for their children without losing their parental rights.

Right now, when a parent is suddenly detained by ICE, their children can end up in the care of the state because there is no pre-arranged legal guardianship in place. This provision gives families the ability to protect their children from that. The House version has no equivalent, and the conference committee must include it.

When an immigrant endures a serious crime like trafficking, assault, or labor exploitation, federal law provides a pathway to legal protection through T visas (for trafficking survivors) and U visas (for survivors of other serious crimes). To apply, the survivor needs a certification form signed by a local law enforcement agency confirming that the person is a survivor and has helped with the investigation of the crime. This certification is often the single most important step in the process, and without it, survivors cannot apply for protection. When agencies refuse to certify, delay, or create barriers, survivors lose their chance at protection and are left vulnerable to both their abuser and deportation.

Both versions of the PROTECT Act overhaul Chapter 258F, which governs how this certification process works in Massachusetts. They require certifying entities to adopt written policies, respond within a set timeframe, presume that survivors who report crimes have been helpful (placing the burden on the agency to prove otherwise), and prohibit denials based solely on the absence of an arrest or conviction. Both prohibit retaliation against anyone seeking certification.

The key differences: the House requires a response within 45 days. The Senate extends that to 60 days, which is weaker for survivors facing urgent removal proceedings. The Senate broadens the definition of "certifying entity" beyond law enforcement and DAs to include any state or local entity with detection or investigation authority. This could include agencies like labor boards, housing authorities, and workplace safety inspectors, plus any additional agency the Secretary of Public Safety designates. This is a meaningful expansion that could help survivors access certification through more pathways.

The Senate also explicitly recognizes that allegations of wage theft, workplace safety violations, and labor exploitation accompanied by threats of deportation can qualify survivors for these visa protections. Both versions include this language, and it is critical for protecting workers.

The Senate creates a new way for people to sue government officials who violate their constitutional rights. Right now, there is no state-law equivalent to the federal civil rights statute (42 U.S.C. §1983). The Senate version would create one, allowing people to bring these cases under Massachusetts law.

This is significant for holding individual ICE agents accountable but there is an important limitation: the Senate version explicitly preserves qualified immunity and all other federal defenses. Qualified immunity is the legal doctrine that shields government officials from liability unless they violate "clearly established" law. Many civil rights advocates have pushed to eliminate qualified immunity at the state level but the Senate chose not to do that here.

The result is a state cause of action that mirrors federal law but does not expand accountability beyond what already exists. It gives plaintiffs a state forum to bring claims, which matters if federal courts become less accessible, but it does not change the underlying standard. The House version has no equivalent provision.

The Senate adds a provision (Ch. 54, §65) that takes certain federal election intimidation laws and makes them enforceable under Massachusetts law. These federal laws prohibit using federal authority to intimidate voters, using armed forces at polling places, and using federal positions to interfere with elections.

By making these violations enforceable at the state level, this provision gives the Massachusetts AG independent authority to intervene. In other words, if the federal government fails to enforce its own election protection laws, the state can step in. The House version has no equivalent.

The Senate adds a provision (Ch. 33, §140) prohibiting military forces from other states from entering Massachusetts for military duty without the governor's permission, unless they are acting under lawful federal authority. This responds directly to the Trump administration's use of National Guard troops from other states in cities like Chicago and Los Angeles. The House version has no equivalent.

The Senate amends the state indemnification statute (Ch. 258, §9) to expand protection for state employees and constitutional officers facing legal costs from civil rights claims or federal investigations related to their official duties. The current cap is $1 million, but the Senate version allows that cap to be exceeded with approval from the public employer, AG, and Secretary of Administration and Finance for costs arising from federal investigations.

This is a practical provision. It ensures that state employees who follow state law and face federal retaliation have their legal costs covered. The House version has no equivalent.

Both versions amend the worker protection statute (Ch. 149, §19C) to require employers to notify employees within 48 hours of receiving an ICE notice of inspection for I-9 employment records. This gives workers advance warning that their records are being reviewed, allowing them to seek legal advice.

For the strongest version of the bill, I'm advocating to the conference committee to include the Senate's guardianship provision, the House's 45-day response timeline for T/U visa certifications while keeping the Senate's broader definition of certifying entity. I'll also advocate for the Senate language on election protections, military forces provision, and indemnification expansion, all of which address real threats that Massachusetts is facing right now. On the civil rights cause of action, while I believe the conference committee should include it, I will continue to advocate to eliminate qualified immunity at the state level.

The PROTECT Act is a meaningful step forward. For the first time, Massachusetts is putting statutory protections on the books for our immigrant communities in response to federal overreach. The bill restricts police cooperation with ICE, protects sensitive locations, strengthens pathways for crime victims, and gives families tools to plan for the worst.

Please contact your legislators and ask them to push for the strongest possible protections in the final bill. Our immigrant neighbors are counting on us to get this right.

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Paid for by Committee to Elect Erika Uyterhoeven · Somerville, MA
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