Massachusetts: 48-hour employee notice after ICE inspection requests

Massachusetts employers must now give written notice to each employee within 48 hours of receiving an ICE Notice of Inspection for I-9 forms or other

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Compliance Watch · Issue 01

Status: In effect

Jurisdiction: Massachusetts · Topic: I-9 & immigration

Source: Massachusetts Governor’s Office, September 8, 2026

Back to the issue: all 12 updates in Issue 01

What changed

Massachusetts employers must now give written notice to each employee within 48 hours of receiving an ICE Notice of Inspection for I-9 forms or other employment records, unless federal law requires otherwise. The clock starts when you receive the notice, not when you first hear an inspection may be coming. Potential penalties run $200 to $500.

What to do

Decide who receives an ICE Notice of Inspection and who sends the employee notice within 48 hours. Notify each employee individually, in their primary language; the state’s sample notice works. A posted notice alone does not count.

Primary source: Massachusetts Governor’s Office, September 8, 2026. Part of Compliance Watch, Issue 01 (September 11, 2026). Last reviewed September 11, 2026.

Questions employers ask

When does this take effect?
In effect. Massachusetts employers should check the official notice for the exact scope: Massachusetts Governor’s Office, September 8, 2026.
Where is the official source?
The primary source is Massachusetts Governor’s Office, September 8, 2026. VertiSource HR links the government page rather than a summary of it.
What should employers do now?
Decide who receives an ICE Notice of Inspection and who sends the employee notice within 48 hours. Notify each employee individually, in their primary language; the state’s sample notice works. A posted notice alone does not count.

Questions about this update?

Every “What to do” line above is a task for someone at your company. Our clients hand the payroll and tax pieces to us and get an HR advisor for the rest.

General information from VertiSource HR, not legal or tax advice. How a rule applies depends on your company and your state. Check with us or your attorney before acting.

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