On January 29, 2026, Massachusetts Governor Maura Healey issued Executive Order No. 650, “Protecting Access to Essential Services and Keeping Massachusetts Communities Safe.” This Executive Order took effect immediately and will continue until amended, superseded, or revoked by a subsequent Executive Order.

The Executive Order states, in part, that Massachusetts is “committed to ensuring that all residents can access essential public services, attending school . . . without fear or intimidation”. The Executive Order continues, explaining that approaches “currently being used by federal civil immigration enforcement officers are undermining public safety and creating immense fear in communities across Massachusetts” The Executive Order notes, in relevant part, that “state-owned and state-controlled land, property, spaces, facilities, and resources exist to serve state purposes and the residents of Massachusetts, not to facilitate federal civil immigration enforcement.” Based on this understanding of the role of the state versus the role of the federal government, the Executive Order requires certain measures that must be taken by both state and non-state entities, including public and private K-12 schools and colleges and universities.

Impact on Colleges and Universities in Massachusetts

Section 4 of the Executive Order contains specific requirements for Massachusetts colleges and universities. Specifically, the Executive Order states that colleges and universities, as well as K-12 schools, childcare providers, and medical providers and hospitals, must “have guidance and policies in place (i) for staff interacting with federal immigration officers; and (ii) requiring a judicial warrant or judicial order for entry into nonpublic areas.” The Executive Order defines “judicial warrant or judicial order” as “an arrest warrant or other judicial order issued by a judge or magistrate sitting in the judicial branch of state government or of the federal government, authorizing an arrest.” This distinguished judicial warrants from administrative warrants, which are issued by ICE but not signed by judges, and which do not authorize ICE agents to enter private spaces without consent.

The Executive Order directs the Massachusetts Executive Office of Education (“EOE”) and the Executive Office of Health and Human Services (“EOHHS”) to work with educational institutions and provide resources to assist them in developing the required policies for interacting with federal immigration officers, and to train their community members on those policies. Institutions of higher education in Massachusetts should review their existing policies and practices and train relevant staff in accordance with this Executive Order, and should be prepared to receive further guidance from EOE and EOHHS.

How Hunton’s Higher Education Team Can Help

Hunton’s Higher Education attorneys have experience working with Massachusetts colleges and universities to develop policies and processes that govern interactions with federal law enforcement agencies, including ICE, on campus. Hunton’s Higher Education team also has trainings available to prepare college and university employees for such interactions. These trainings can be tailored to your institution and audience – such as campus safety and police, administrators, faculty, and even students. Please do not hesitate to reach out to your Hunton Higher Education attorney for assistance.