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HOW I VOTED ON H.5305
On Wednesday March 25, 2026 – The Massachusetts House of Representatives passed H.5305 An Act promoting rule of law, oversight, trust and equal constitutional treatment, also referred to as the PROTECT Act.
I voted YES on House bill H.5305 (as amended). This bill establishes statewide standards governing interactions between state and local systems and federal immigration enforcement. It strengthens due process protections, limits civil immigration enforcement in courthouses, expands protections for victims of crime, and increases transparency, accountability, and clarity for correctional facilities and law enforcement.
The PROTECT Act was originally filed by the Black and Latino Legislative Caucus (BLLC), with the goal of offering feasible policy options to address growing immigration concerns in Massachusetts.
After the filing of the BLLC’s bill in late January, House Leadership convened Member meetings to facilitate candid discussions among Representatives on immigration policy. They then met with a variety of stakeholders to receive and incorporate feedback on the bill. Stakeholders included immigration advocates, law enforcement groups, district attorneys, sheriffs, union leaders, civil liberties groups and public defenders, as well as with staff from the Attorney General’s Office, the Healey-Driscoll Administration, and the Trial Court.
The bill includes the following policies:
Limits on Law Enforcement
The bill restricts state and local involvement in federal civil immigration enforcement. It prohibits law enforcement from inquiring about immigration status unless the inquiry is directly material to a specific criminal offense (for example: human trafficking), and bars the use of local resources for civil immigration enforcement. It limits the sharing of nonpublic information and advance release notifications.
The bill also prohibits law enforcement agencies and political subdivisions from executing, renewing, or materially expanding a 287(g) memorandum of agreement; and adds oversight and reporting. This change effectively allows only narrow, time limited exceptions tied to criminal public safety purposes.
Courthouse Arrest Protections
The legislation limits civil arrests in courthouses by requiring a judicial warrant or order, and a review by a judicial official. Except in extraordinary circumstances, as determined by the judicial official, the bill also prohibits a civil arrest from being made in a courtroom.
Detention & Legal Access
The bill creates uniform standards for individuals in correctional facilities. It requires notice of legal rights in a person’s primary language at intake, guarantees confidential attorney-client communication, and mandates the timely tracking of custody status and transfers with notice to counsel and designated contacts. Under this bill, corrections facilities must provide interpretation services for key interactions and ensure access to court proceedings, including remote options. It also creates a public facing system for locating detained individuals is also required.
Worker Notification
The legislation requires that employers provide written notice to employees within 48 hours of receiving a federal immigration inspection notice, such as an I-9 audit.
U & T Visa Certification Reform
The bill reforms the certification process for victims of crime and human trafficking. It also broadens qualifying criminal activity, clarifies that charges or convictions are not required, and mandates clear policies and timelines for certifying entities, including expedited review in urgent cases. Additionally, it creates a presumption of helpfulness for cooperating victims, prohibits fees and retaliation, and requires data reporting to ensure accountability.
Bail Consideration
Under this legislation, courts may consider the likelihood of imminent deportation when making bail determinations. By allowing this update, defendants remain available to appear at future court dates and fully participate in the proceedings. This helps preserve the Commonwealth’s interest in adjudicating cases on their merits and maintains continuity in the judicial process.
State Facilities & Guidance
The legislation authorizes the Governor to restrict civil immigration enforcement in nonpublic areas of state facilities, and requires multilingual guidance for agencies, private entities, law enforcement, and the public. The guidance addresses how to respond to enforcement actions, verify credentials, document interactions, and understand individual rights.
Enforcement
Additionally, the attorney general is authorized to enforce key provisions through civil actions, with courts empowered to order compliance, monitoring, and reporting. The bill also specifies that there is no private right of action, except an individual may apply for a writ of habeas corpus if the individual has reasonable cause to believe a violation occurred.
The bill passed the House of Representatives on a bipartisan vote of 134-21. It now goes to the Senate
for consideration.
You can view the full session by clicking on the following link:
You can see how I voted on amendments by clicking on this link:
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