What Schools Need to Know About the PROTECT Act

SCHOOL GROUNDS PROTECTIONS

• NO CIVIL ARRESTS ON SCHOOL GROUNDS WITHOUT A JUDICIAL WARRENT OR ORDER, except as required by state or federal law or to administer a state or federally supported or funded program.
  • “Grounds” means any school- or district-owned or controlled building or property near the school that supports the school’s educational or athletic purposes.
  • This provision does not apply to colleges or universities. However, an existing executive order prohibits federal immigration officers from making civil arrests without a judicial warrant or order in nonpublic areas of state facilities.
  • If a civil arrest violation occurs, an aggrieved person may seek habeas corpus relief (a judge’s review) and the Attorney General may file a civil suit.
     
• THE DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MUST WORK WITH THE AG, LABOR UNIONS AND OTHER STAKEHOLDERS TO DEVELOP MODEL POLICIES AND PROCEDURES COVERING:
  1. A designated person for primary law enforcement contact;
  2. Notice to superintendent or legal counsel;
  3. Documentation of law enforcement interactions on school premises;
  4. Notice to parents/guardians, or students who are 18 or older or emancipated, if an agent seeks access to a student or student information for a civil law enforcement purpose;
  5. Notice to the school community when law enforcement is present on school grounds;
  6. Confirmation of students’ emergency contacts; and
  7. Distribution of policies to students and families.
• DISTRICTS, CHARTER SCHOOLS AND COLLABORATIVES MUST ADOPT THIS POLICY BY SEPT. 1, 2026, or the first day of the 2026-27 school year, whichever comes first.
• SCHOOL COMMITTEES, COLLABORATIVES AND CHARTER SCHOOL BOARDS MUST ADOPT EMERGENCY RESPONSE PLANS.
• DESE, WITH STAKEHOLDER INPUT, MUST DEVLEOP MODEL TRAINING FOR SCHOOL STAFF. 

Protect Act Guidance from the State State Guidance for K-12 Schools

BROADER RESTRICTIONS ON LAW ENFORCEMENT

• Unless authorized by a judicial warrant or order, or by a specific statutory exception, law enforcement officers, including school resource officers and college or university police, CANNOT:
   
  • Ask about a person’s immigration or citizenship status, unless the officer has a specific, case-based reason to believe that status is directly relevant to certain criminal offenses or a felony.
  • Use or allow state or local resources to support, conduct or participate in federal civil immigration enforcement.
  • Knowingly provide to federal immigration authorities non-public personal information, advance notice of a person’s release or upcoming court appearance, or a person’s custody status.
  • Stop, arrest, search, seize or detain someone based on actual or perceived citizenship or immigration status.
  • Hold someone beyond their otherwise eligible release time based solely on an immigration detainer.
  • Transport someone into the custody of an immigration agent.
     
• No new Section 287(g) agreements or similar agreements, which deputize state or local law enforcement for civil immigration enforcement, are allowed for most agencies. Agencies may seek the governor’s approval for a time-limited 287(g) agreement lasting no more than 12 months.

LICENSED OR DEPARTMENT-FUNDED CHILD CARE CENTERS, FAMILY CHILD CARE HOMES, SCHOOL-AGE CHILD CARE PROGRAMS AND GROUP CARE FACILITIES

• No civil arrests on premises without a judicial warrant, judicial order, or specific statutory exception.
• Must adopt a policy by Sept. 1, 2026, or the first day of the 2026-27 school year, whichever comes first. The policy must:
  1. Designate a contact person for civil law enforcement presence or information requests;
  2. Document law enforcement interactions; and
  3. Inform the director, provider, coordinator and staff how to respond to law enforcement requests.

NEW STATE CIVIL RIGHTS CLAIM

• Creates a new state-law claim, modeled on a federal civil rights law, for anyone denied U.S. constitutional rights by someone acting under the appearance of legal authority.
• Qualified immunity remains available as a defense, and plaintiffs must notify the Attorney General when filing.