Massachusetts Senate Passes Protect Act Restricting Federal Immigration Enforcement

Maura Healey introduced the Protect Act to restrict federal immigration enforcement within Massachusetts, and the state Senate passed its version on May 7, 2026, by a 37-3 vote. The Senate bill prohibits warrantless civil immigration arrests at sensitive locations including schools, hospitals, and houses of worship, bars local law enforcement from entering new 287(g) agreements with the federal government, forbids state and local officers from inquiring about an individual's immigration status, and establishes civil liability allowing individuals to sue federal agents under state law for constitutional violations.

The House approved a more limited version in March that restricts warrantless arrests only in courthouses and allows narrow exceptions for 287(g) agreements related to criminal public safety. Lawmakers must now reconcile these differences through a conference committee before the bill reaches the governor's desk.

Senate President Karen Spilka and Senator Pavel Payano championed the legislation as necessary to protect the dignity and safety of immigrant community members. The Brazilian Worker Center praised the Senate for strengthening the House version. The Massachusetts Republican Party and Senate Minority Leader warned the bill is unconstitutional, citing Supreme Court precedent in Arizona v. United States, which grants the federal government primary authority over immigration. Republican National Committeewoman Janet Fogarty challenged the legislation's legality and predicted litigation. The bill now advances to a conference committee to resolve the gap between the broad Senate provisions and the narrower House framework.