Massachusetts State Immigration Laws

States have their own rules that determine what services and benefits immigrants can access and how they engage with state systems. States also have a significant say in how they enforce immigration laws. These rules and regulations vary by state. 

This article outlines immigration rules and policies in the state of Massachusetts. Learn about:

• Law enforcement and immigration in Massachusetts
• Massachusetts employment check and E-Verify requirements
• Driver’s license and ID requirements
• Public benefit restrictions
• Educational benefits
• Housing ordinance and immigration
• How an immigration lawyer can help
• Related resources

The U.S. immigration system is confusing, and the laws are constantly evolving. If you’re facing an immigration issue in Massachusetts, contact a local immigration attorney for up-to-date guidance.

Law Enforcement and Immigration in Massachusetts

The federal “Secure Communities” program once required law enforcement officers to check the immigration status of arrestees.

Former President Donald Trump revived the program, which had expired in 2017. In 2021, President Joe Biden revoked the executive order. The new program is the “Criminal Apprehension Program.” It only requires checks of convicts. The database shares immigration statuses of convicts with:

• The Federal Bureau of Investigation (FBI)
• The Department of Homeland Security (DHS)
• U.S. Immigration and Customs Enforcement (ICE)

Employment and Immigration

Refer to federal employment eligibility verification rules and the requirements for Form I-9.

Massachusetts E-Verify Requirements

State agencies must use E-Verify to check the employment authorization status of new hires.

Driver’s License and ID Requirements

As of July 2023, the Work and Family Mobility Act allows undocumented residents of Massachusetts to apply for a driver’s license. Immigrants must:

• Pass a written exam
• Pass a road test
• Submit documentation proving state residency and identity

There are several types of documents immigrants can provide to prove state residency.

Public Benefits Restrictions

Under federal law, immigrants living in the U.S. illegally are not eligible for most public benefits. But they can get emergency services. They can also get health care and other programs “necessary to protect life and safety.”

Education Checks and Tuition Costs

Massachusetts does not extend in-state tuition to students without documentation. This applies to Deferred Action for Childhood Arrivals (DACA) recipients as well. DACA protects eligible young adults from deportation after their parents brought them to the United States as children. It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.

Voting ID Rules

Massachusetts has no state-specific voter identification requirements.

Housing Ordinances and Immigration

Massachusetts has no special housing ordinances for immigrants. But property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, race, national origin, ancestry, or other protected characteristics.

Legal Help Is Available for Your Immigration Issue

Dealing with immigration on your own is difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, legal help is available in Massachusetts for immigration issues. An experienced attorney can help with:

• Pursuing a green card or lawful permanent resident status
• Navigating the naturalization process to become a U.S. citizen
• Seeking protection from domestic violence through a U visa for you and your minor children
• Dealing with harassment or threat of deportation from ICE or USCIS

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Wyoming. Enter your city or ZIP code, whether you’re in Worcester, Boston, or another part of the state, for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Massachusetts: Related Resources

• Know Your Rights — This guide will help you protect yourself and your family during immigration raids.
• Office for Refugees and Immigrants — Find information and legal resources for immigrants in Massachusetts.
• American Immigration Lawyers Association — This nonprofit organizations offers immigration advocacy and immigrant advancement services to Massachusetts immigrants.
• Massachusetts Immigrant & Refugee Advocacy Coalition (MIRA) — This coalition offers support and immigration services to migrants in this New England state. The group provides many services to protect the civil rights of people without documentation.
• American Immigration Lawyers Association — This organization of lawyers specializing in immigration law can connect you with qualified legal help.
• Massachusetts Legal Help — This organization offers free or low-cost legal services to qualifying immigrants and migrants.