(Boston Orange編譯)麻州州長希利（Maura Healey）今（8）日發布「保護法（PROTECTAct）」新指引，要求州政府、醫療機構、警察、雇主即日起配合執行，限制移民局（ICE）在非公共區逮捕移民，雇主接獲查驗通知也必須在48小時內書面告知員工。
新指引明白規定，除非ICE人員持有法官簽發的令狀或面對立即性的健康或公共安全威脅，否則禁止在州政府建築物的非公共區域（如辦公區、員工通道）執行民事逮捕。
麻州行政與財政辦公室（A&F）要求各機構盤點所屬物業，標示「非公共區域」，確保民眾使用服務時免於恐懼。醫療機構方面，衛生與公共服務部（EOHHS）及公共衛生部（DPH）發佈範本，規定醫院、社區健康中心、護理之家等場所須在10月4日前訂定內部應對流程，禁止沒有法院命令者在診療區、談話室等非公開空間執行移民法。
警方訓練教材也同步更新，明確規定麻州警察不得過問或記錄民眾的移民身份，也不能動用州資源幫ICE抓人，更不得因移民拘留令而延長嫌犯羈押時間。
雇主若接到ICE要查I-9員工身份文件的通知，必須在兩天內用員工看得懂的語言，個別書面通知每個人，貼公告不算數。勞工單位已提供通知範本供企業使用。
麻州的這項法案被視為全美最嚴格的移民保護措施之一，州政府後續將持續輔導各單位落實。
Governor Healey Issues PROTECT Act Guidance for Health Care Providers, Employers, Law Enforcement and State Agencies
New resources provide clear guidance as additional protections against ICE tactics take effect
BOSTON- Governor Maura Healey today released new guidance and resources to implement the PROTECT Act, providing state government actors, health care providers, law enforcement agencies, and employers with clear direction as additional protections for residents under the law take effect.
The new guidance addresses protections for nonpublic areas of state property and in health care facilities, limits state and local law enforcement participation in civil immigration enforcement, and a new state law requirement for employers to notify workers in writing if ICE is going to inspect employee records.
“We passed the PROTECT Act to keep people safe from the dangerous tactics we are seeing from ICE here in Massachusetts and across the country,” said Governor Maura Healey. “This guidance makes clear what officials across state government, health care providers, law enforcement agencies, and employers need to know and do if they come across ICE. The PROTECT Act is about keeping our communities safe, protecting people’s rights and preserving the trust that allows people to seek care, report crimes and access the services they rely on.”
“The PROTECT Act gives communities across Massachusetts important protections, and this guidance helps turn those protections into practice,” said Lieutenant Governor Kim Driscoll. “Our employers, health care providers, law enforcement officers and state employees are on the front lines serving people every day. We want to make sure they have the clarity and support they need to do their jobs, keep people safe and continue providing the services that families and communities depend on.”
Governor Healey signed the PROTECT Act on August 5, establishing some of the strongest protections in the nation against abuses by federal immigration authorities. The law limits civil arrests in courthouses, schools, child care programs, nursing homes and nonpublic areas of health care facilities; restricts the use of state property for civil law enforcement; strictly limits state and local participation in civil immigration enforcement; strengthens protections for workers and families; and creates a state civil rights remedy for constitutional violations.
The guidance released today includes:
State Property
Governor Healey and the Executive Office for Administration and Finance (A&F) issued statewide guidelines limiting civil law enforcement activity in nonpublic areas of state property.
Under the guidelines, civil law enforcement activities, including civil arrests, are prohibited in designated nonpublic areas of state buildings and other property, unless they are required by state or federal law or to administer a state or federally supported program, authorized by a valid judicial warrant or judicial order, or necessary to address a specific and immediate health or safety threat.
The Act applies broadly to any property owned, leased, occupied, controlled by or used for business by the Commonwealth, except courthouses. The guidelines instruct state agencies and other Commonwealth offices to review their property portfolio and designate areas as “nonpublic,” with the goal of preserving access to essential public service and the ability to conduct business with the state, without fear or intimidation.
“We, as an administration, take the health and safety of residents of Massachusetts seriously,” said Administration and Finance Secretary Matthew J. Gorzkowicz. “No one should be afraid to access state buildings or the government services to which they are entitled. These guidelines will ensure people feel safe and protected by their state government.”
Health Care Facilities
The Executive Office of Health and Human Services (EOHHS), Department of Public Health (DPH), Department of Mental Health (DMH), Department of Developmental Services (DDS) and MassHealth developed guidance and a model policy to help health care providers implement new protections for nonpublic areas of their service sites. The law requires covered providers to establish policies for interactions with law enforcement engaged in civil law enforcement, including federal immigration enforcement, within 30 days of today.
“No one should have to weigh their health and safety against the fear of immigration enforcement,” said Health and Human Services Secretary Kiame Mahaniah, MD, MBA. “The PROTECT Act will help residents maintain access to services they need, and ensure that places where people go for care will remain a trusted resource.”
The requirements apply to a broad range of providers, including hospitals, community health centers, clinics, mobile clinics, nursing and rest homes, emergency medical services, adult day health centers, substance use disorder treatment programs, certain physician and advanced practice nursing practices, providers serving people with intellectual or developmental disabilities, and certain MassHealth day habilitation providers.
Under the Act, certain covered providers must designate a point of contact for interactions with civil law enforcement, identify nonpublic areas where people receive care or discuss protected health information, or that are otherwise not open to the public, and establish procedures so staff, volunteers, and administrators know how to respond to requests from civil law enforcement. Civil arrests are not allowed in those designated nonpublic areas without a judicial warrant, except as otherwise required by law or to administer a state or federally supported program. Covered providers required to adopt a policy under the Act must do so by October 4. Today’s release of guidance and a model policy by the Healey-Driscoll Administrations is designed to assist in those efforts.
Law Enforcement and Civil Immigration Enforcement
The Executive Office of Public Safety and Security (EOPSS), Municipal Police Training Committee (MPTC) and Massachusetts Chiefs of Police Association (MCOPA) developed new roll call training materials to help police officers, dispatchers, records staff and other law enforcement personnel understand the PROTECT Act’s requirements and how they apply to day-to-day public safety work.
Beginning today, the law limits when state and local law enforcement may inquire about, record, share or act on a person’s immigration or citizenship status. It also restricts the use of state and local personnel, facilities, equipment and other public resources to conduct or participate in federal civil immigration enforcement and prohibits holding someone past the time they are otherwise eligible for release based solely on an immigration detainer.
The guidance makes equally clear what the PROTECT Act does not change. Massachusetts law enforcement can continue investigating and enforcing criminal laws, making lawful arrests with a judicial warrant, conducting booking procedures, keeping the peace, responding to emergencies and working with federal, state and local partners on criminal investigations.
If a crime or breach of the peace occurs during a federal civil immigration operation, officers may respond to address the public safety issue while remaining separate from the civil immigration enforcement activity itself.
Notice to Employees of I-9 Inspections
The Executive Office of Labor and Workforce Development (LWD), Office for Refugees and Immigrants (ORI) and Attorney General’s Office issued guidance to help Massachusetts employers comply with a new state law requirement to notify employees of upcoming inspections of I-9 employment eligibility records by ICE.
Under the PROTECT Act, Massachusetts employers must provide employees with written notice within 48 hours of receiving a Notice of Inspection from ICE for I-9 forms or other employment records, except where otherwise required by federal law.
The Administration is also providing employers with a sample notice that can be used or modified to comply with the law. Notice must be provided individually to employees and should be provided in the employee’s primary language; posting a notice at the workplace alone does not satisfy the requirement.
“This guidance gives employers clear steps to follow while ensuring workers receive timely and accurate information,” said Secretary of Labor and Workforce Development Lauren Jones. “By making sure employers and employees are informed, we are strengthening workplace protections and helping employers across the state understand and meet their responsibilities under the PROTECT Act.”
Today’s guidance builds on guidance released by Governor Healey last month to help K-12 schools and child care programs implement the PROTECT Act. Those resources provided model policies and procedures for responding to civil law enforcement, reviewing requests for access, protecting confidential information and communicating with students and families.
Earlier this year, Governor Healey also signed Executive Order 650 to protect access to essential state services and issued statewide guidance to schools, child care providers, colleges and universities, health care facilities and places of worship on interacting with federal immigration enforcement.
The Healey-Driscoll Administration will continue working with state agencies, employers, health care providers, law enforcement and communities across Massachusetts to fully implement the PROTECT Act and ensure its protections are carried out effectively statewide.
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