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On August 5, 2026, Governor Maura Healey signed into law Chapter 163 of the Acts of 2026, An Act Promoting Rule of Law, Oversight, Trust and Equal Constitutional Treatment, commonly referred to as the PROTECT Act. This law was passed as an “emergency law” and attempts to regulate the actions of certain civil law enforcement agents in the Commonwealth of Massachusetts, including the access of agents to public schools.

On July 24, 2026, the United States Department of Education (“DOE”) amended its regulations implementing Title VI of the Civil Rights Act of 1964, specifically to eliminate disparate-impact liability. Title VI states that “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” This was primarily targeted towards education, and Title VI also requires federal agencies like the DOE to issue regulations to implement its goals.

On May 28, 2026, in response to direction from the Governor, the Executive Office of Education announced new Guidance (“the Guidance”) concerning how “Education Entities,” (any entity, public or private, that provides child care, K-12 education, postsecondary education, or adult education to the public) should interact with federal immigration officers. The Guidance offers practical advice and resources for Education Entities on how to ensure the safety and security of their community.

The Guidance recommends that Education Entities develop written procedures for interacting with federal immigration officers who may arrive at school unexpectedly. Specifically, Education Entities are advised to create an escalation protocol to ensure staff immediately contact the highest-ranking administrator on site (a “Designated Administrator”), who in turn may contact the Education Entity’s attorney as needed. The officer(s) may be asked to wait outside during this process. Staff may also wish to document their interactions with the officers. The escalation protocol should also include a way to contact a child’s parents if the officer(s) are seeking information about a student.