Massachusetts Legislature considers new law requiring employers to notify employees of I-9 audits.

The Massachusetts Legislature is currently considering a bill that would require employers to notify its workers when ICE or another government agency notifies the employer of an intent to inspect the employer’s I-9 records and personnel files. Senate Bill No. 2665 (Senate Docket No. 3091) would amend Massachusetts General Laws, Chapter 149 § 19C to require that employers provide employees with three days’ written notice of ICE’s or another federal agency’s audit of I-9s and personnel files. The Department of Homeland Security is required to provide three days’ notice of its intent to examine an employer’s I-9 files through a Notice of Inspection, which would mean that employers must notify employees of the inspection upon receiving the Notice of Inspection. 

S.B. 2665 was first introduced to the Legislature on July 24, 2025, and the Legislature held a hearing on the proposal on November 20, 205. See the bill text here and track the bill’s progress through the Legislature here.