On November 3, 2026, a new Massachusetts law took effect that bars most civil arrests at courthouses, including immigration arrests, unless the officer first shows a judge a warrant signed by a judge. Six people were detained by ICE at Massachusetts courthouses that day and the next, according to the Massachusetts Trial Court, MassLive reported.
In at least one of those cases, MassLive found no record of a judicial warrant. Advocates say they have seen more arrests since, and ICE says federal law comes first. Here is what the courthouse part of the PROTECT Act says, what has been reported, and what someone can do about an arrest that may have broken it.
What has been reported
- Six detentions. Five people were detained on November 3, the first day courthouses were covered: two at the Cambridge/Malden District Court complex in Medford and one each at the Chelsea, Framingham and Peabody district courts. The sixth was at Lawrence District Court on November 4, MassLive reported, citing the Trial Court.
- Lawrence. A 32-year-old woman appeared in Lawrence District Court on November 4 on two misdemeanor charges and was released on personal recognizance. ICE took her into custody after the hearing, a Department of Homeland Security spokesperson told MassLive. MassLive found no record of a judicial warrant in state or federal court records, and a court clerk confirmed there was no indication of one on her docket. ICE told MassLive she entered the country unlawfully in 2023 and cited her criminal history. She is presumed innocent of the pending charges.
- Inside a courtroom. Gladys Vega, president of the Chelsea nonprofit La Colaborativa, told GBH News that on November 3 an agent “went all the way inside the courtroom asking for the name of the man,” and that when the hearing ended, agents handcuffed him “without showing a warrant.” The Trial Court confirmed a detention took place that day, GBH reported.
- More since. LUCE, a coalition of immigrant-led organizations, reported a detention inside a Framingham courtroom on November 6 and detentions in Framingham, Lynn and Marlborough on November 9, MassLive reported. Those are the coalition’s reports.
What the law says
The PROTECT Act is Chapter 163 of the Acts of 2026, signed August 5. Section 12 created a new chapter of the General Laws, G.L. c. 221D, “Civil Arrests in Courts.” Section 23 of the act made it effective 90 days later. We read the session law at malegislature.gov.
- The rule. No officer “shall make a civil arrest of an individual present at a courthouse” unless the officer is acting in an official capacity and “has provided documentation to a designated judge, justice or judicial magistrate sitting in the courthouse demonstrating that the individual to be arrested is the subject of a judicial warrant or judicial order authorizing civil arrest.” G.L. c. 221D, § 2(a).
- Never in a courtroom. “A civil arrest shall not be made by a law enforcement officer or other representative of a law enforcement agency in a courtroom.” § 2(b). That applies even with a valid warrant.
- A judge’s warrant, not ICE’s. A “judicial warrant” must be issued “by a judge or magistrate sitting in the judicial branch” of a local, state or federal government. § 1. The Trial Court’s policy says administrative warrants or documents “signed by an immigration judge or other United States Immigration and Customs Enforcement (‘ICE’) personnel are not sufficient.”
- Federal agents are covered. The definition of “law enforcement agency” expressly includes “a federal law enforcement agency.” § 1.
- More than the building. “Courthouse” includes the curtilage: “lawns, plazas, courtyards, steps, ramps, sidewalks, walkways,” and court-owned or leased garages and parking lots next to the courthouse. § 1.
- Criminal arrests are not affected. A “civil arrest” excludes arrests for criminal prosecution, contempt, a capias, parole or probation warrants, a governor’s warrant, and section 12 mental health applications. § 1.
How you can tell if a warrant was shown
Under the Trial Court’s policy, the judge “shall promptly determine the validity of any judicial warrant” presented under the law, “on the record,” and clerks’ offices “shall docket the G.L. c. 221D determination in MassCourts using a docket code created for this purpose.” The chief justice of the Trial Court must keep copies of every warrant presented, and the court must publish an annual report by July 1 listing each one, the judge who signed it and whether an arrest followed. G.L. c. 221D, § 3. That is why a docket with no c. 221D entry matters.
What happens if an arrest breaks the law
| Remedy | What the statute says |
|---|---|
| False imprisonment | “An arrest or detention in violation of this chapter shall constitute false imprisonment as defined in section 3 of chapter 263.” § 4. |
| Attorney General lawsuit | The Attorney General may sue in Superior Court for declaratory, injunctive or other equitable relief, including orders requiring compliance and a compliance plan with monitoring. § 5(a). |
| Habeas corpus | The chapter does not create a private right to sue, but “an individual may apply for a writ of habeas corpus if the individual has reasonable cause to believe a violation of this chapter has occurred.” § 5(b). |
| Other laws | The chapter does not “limit any remedy otherwise available” under state or federal law. § 5(b). The governor’s office says a separate part of the PROTECT Act lets people sue government officials, including ICE agents, in state court for violating their federal constitutional rights. |
Court staff are not required to step in. Nothing in the chapter requires any person, including a court officer, “to interfere with or assist the actions of a federal official engaged in civil immigration enforcement.” § 8. The Trial Court’s policy says personnel “shall not interfere” with an arrest that violates the law, and security staff must log it and report it to the Director of Security.
ICE’s position, and the fight ahead
- ICE. “The Supremacy Clause makes it clear that sanctuary politicians do not control federal law enforcement,” ICE said in a statement to MassLive. The agency calls courthouse arrests “common sense” and “safer” because people have been screened for weapons.
- The state. The governor’s office is “closely monitoring” reports, is in contact with the Attorney General’s Office and is “evaluating our options,” spokesperson Jacquelyn Manning told MassLive. The Attorney General’s Office said it received complaints about ICE conduct, MassLive reported.
- A likely court case. Boston immigration attorney Todd Pomerleau told MassLive he expects the conflict to land in court, with the federal government asserting authority over immigration and Massachusetts asserting authority over its own courthouses. “The state’s argument is going to be that, ‘Look, we own property. A courthouse is a state facility. We can trespass people that aren’t there without proper authorization,'” he said. He cautioned that it is too early to know how that would play out.
- Advocates. Lawyers for Civil Rights asked Attorney General Andrea Campbell on November 9 to act, warning the protections could become an “empty promise” without enforcement, MassLive reported, citing GBH.
No court has ruled on whether c. 221D can be enforced against federal immigration agents.
How to report a courthouse arrest
The Attorney General’s Office asks anyone with information about potential PROTECT Act violations to contact its Civil Rights Division by filing a civil rights complaint at mass.gov or calling 617-963-2917, MassLive reported. The state also has a “Report Misconduct by Federal Agents” form on mass.gov.
Frequently asked questions
Can ICE arrest someone at a Massachusetts courthouse?
Since November 3, 2026, G.L. c. 221D bars civil arrests, including immigration arrests, at a courthouse or its grounds unless the officer first shows a designated judge in that courthouse a judicial warrant or order. No civil arrest may be made inside a courtroom at all.
Is an ICE warrant a judicial warrant?
No. The statute requires a warrant or order issued by a judge or magistrate in the judicial branch. The Trial Court’s policy says documents signed by an immigration judge or other ICE personnel are not sufficient.
Does the PROTECT Act apply to criminal arrests?
No. Arrests for criminal prosecution, contempt, a capias, parole or probation violations and governor’s warrants are not “civil arrests” under the law.
What can someone do if ICE arrested them at court without a warrant?
The law treats an arrest in violation of it as false imprisonment and allows a petition for habeas corpus. The Attorney General can sue to enforce it. Anyone in that position should talk to an immigration lawyer right away.
Sources: Acts of 2026, Chapter 163 (G.L. c. 221D), read at malegislature.gov. Massachusetts Trial Court Policy on Interactions with United States Immigration and Customs Enforcement and the governor’s PROTECT Act page, read at mass.gov. MassLive, November 13, 2026. GBH News, November 4 and 5, 2026. General information, not legal advice.