Massachusetts law about immigration

Laws, regulations, cases, and web sources on immigration law.

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

Note

Due to continual and rapid changes in U.S. immigration policy, please check the websites of all relevant federal agencies for the most current information.

See also the Massachusetts Law Libraries' legal reference overview and disclaimers.

Best bets

DACA (Deferred Action for Childhood Arrivals)

At this time, (September 2023) DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule.

Consideration of Deferred Action for Childhood Arrivals (DACA), U.S. Citizenship and Immigration Services.
Provides information on requesting Consideration of DACA.

• See also the National Immigration Law Center: DACA for information on ongoing litigation regarding DACA.

Immigration, Mass. Legal Help.
Provides links to topical collections that have information about immigrants’ rights, government benefits offered, citizenship and green cards, detention and deportation, and more.

Massachusetts laws

MGL c. 90, § 8 Operator's licenses; applications; examinations
Starting July 1, 2023, eligible residents in Massachusetts can obtain a Standard (Class D or M) driver's license, regardless of immigration status, under the Work and Family Mobility Act.

MGL c. 222, § 17 Notaries public not licensed to practice law; prohibition from offering legal advice or advertisement as legal specialist; immigration matters; real estate closings

MGL c. 278, § 29D Conviction upon plea of guilty, nolo contendere or an admission to sufficient facts; motion to vacate
Court must tell defendants making a plea of guilty, plea of nolo contendere (no contest), or an admission to sufficient facts about potential immigration consequences of their decision.

Massachusetts regulations

121 CMR Office for Refugees and Immigrants

130 CMR 504 Health care reform: MassHealth: Citizenship and immigration

Federal laws and regulations

Federal laws

8 U.S.C. Aliens and nationality

18 U.S.C. chapter 69 Nationality and citizenship

18 U.S.C. chapter 75 Passports and visas

The REAL ID Act of 2005, PL 109-13, Division B, Title II, 2005 

Federal regulations

6 CFR 37 Real ID driver’s licenses and identification cards

8 CFR Immigration regulations

28 CFR 44 Unfair immigration-related employment practices

64 FR 28689 Field guidance on deportability and inadmissibility on public charge grounds

Executive orders

Signed on January 20, 2025:

• Declaring a national emergency at the southern border of the United States
• Protecting the American people against invasion
• Protecting the meaning and value of American citizenship
• Protecting the United States from foreign terrorists and other national security and public safety threats
• Realigning the United States refugee admissions program
• Securing our borders

Immigration court, rules & decisions

Resources offered by the U.S. Department of Justice's Executive Office for Immigration Review (EOIR):

• Immigration Court: Boston
• Immigration Court practice manual
• Agency decisions

Selected cases

Selected court cases on the topic of immigration

• See also DACA litigation information and frequently asked questions for recent litigation updates.

Organizations

Massachusetts

Massachusetts Office for Refugees and Immigrants
"ORI supports services that meet the cultural and linguistic needs of refugees and immigrants through a network of service providers in Massachusetts."

• List of programs and services offered by ORI

Boston

Legal resources for immigrants (Boston)
Do you need immigration advice from a lawyer? The Boston Mayor’s Office of Immigrant Advancement offers free 15-minute consultations.

• When: First and third Wednesday of every month from 12 to 3 p.m.
• How: Call [phone] or email [e-mail] to schedule a 15-minute appointment.
• Cost: Free

Nonprofits

ImmigrationLawHelp: Massachusetts organizations
An online directory of nonprofit organizations across the state that provide free or low-cost immigration legal help. Users can search for organizations by location, type of legal help, populations served, and languages spoken.

Central West Justice Center
The Central West Justice Center provides free legal help to low-income and elderly residents of central and western Massachusetts. Focuses on cases involving humanitarian-based immigration law, employment rights, housing and homelessness issues, and access to public benefits. Information is provided in many languages.

MIRA: Massachusetts Immigrant and Refugee Advocacy Coalition
"MIRA is the largest coalition in New England promoting the rights and integration of immigrants and refugees."

Federal

U.S. Citizenship and Immigration Services (USCIS, formerly known as INS)
Administers the country's immigration and naturalization system. Their website includes forms, case status updates, e-filing, and information on green cards and citizenship. For current policies, see the USCIS Policy Manual.

U.S. Immigration and Enforcement (ICE)
ICE enforces over 400 federal laws and focuses on customs violations, immigration enforcement, preventing terrorism and combating the illegal movement of people and goods. For current information on ICE operations, see the ICE Information Library.

Web sources

Mass. Attorney General resources & guidance

Protections for immigrant communities, including:

• Equal access to public education to all students irrespective of immigration status
• Information for immigrant patients and their health care providers on immigration enforcement

Resources for immigrants in Massachusetts, including:

• Guidance for K-12 schools on protecting students and their information

Interactive assistance & referrals

Citizenshipworks, Immigration Advocates Network, the Immigrant Legal Resource Center, and Pro Bono Net.
Citizenshipworks is a resource designed to make applying for citizenship easy, safer, and accessible for everyone. It includes:

• An interactive online interview to help individuals to understand their eligibility for naturalization
• A self-paced interactive tutorial that explains the naturalization process step-by-step
• An online tutorial to help applicants prepare for the naturalization tests; and
• Links to other resources and information about citizenship and naturalization available online

Find legal help: Immigration, Mass. Legal Resource Finder.
Answer a few questions to receive contact information to free or low-cost legal aid offices, government agencies, and court programs. This resource will also provide free legal information and self-help materials that may be able to help you with your immigration needs.

Immi, Immigration Advocates Network and Pro Bono Net.
"Immi helps immigrants in the U.S. understand their legal options." Includes an online screening tool, legal information, and referrals to nonprofit legal services organizations.

Topics

Asylum, refugees and temporary protected status

Information, instructions and forms offered through U.S. Citizenship and Immigration Services:

• Asylum
• Refugees
• Temporary protected status

Benefits

Immigrants & benefits, Mass. Legal Help.
Even if you are not a U.S. citizen, you may be eligible for government benefits for cash and food, like TAFDC, EAEDC, and SNAP.

Understanding immigrants' eligibility for MassHealth & other subsidized coverage, Mass. Legal Services, 2023.
MassHealth eligibility rules for non-citizens.

Data

Immigrants in Massachusetts, American Immigration Council.
Statistical data on immigrants in Massachusetts including demographics, country of origin, taxes and spending power, industries, and housing.

Driving

Work and Family Mobility Act, City of Cambridge.
"Undocumented residents of Massachusetts can now apply for a driver’s license. This change is for Class D and M licenses. A Class D license allows you to drive a passenger vehicle, van, or small truck. A Class M license allows you to drive a motorcycle. The licenses are valid for 5 years. The licenses will look like any other licenses, so there will be no way to tell what documents were used to get the license. The RMV's policy is to not share information with immigration authorities."

Emergencies

Planning for a family emergency, Mass. Legal Help (2024).
Helpful information and special advice that immigrant families can use to prepare for an emergency. 

LGBTQ+

Can I sponsor my same-sex partner for a U.S. green card?, Nolo, 2023.
"In the eyes of U.S. immigration laws, same-sex married couples are treated the same as different-sex married couples."

Print sources

Becoming a U.S. citizen: A guide to the law, exam & interview by IIona M. Bray, 10^th ed., Nolo, 2021. (2023 eBook available with library card)

Civics flash cards for the naturalization test, U.S. Citizenship and Immigration Service (available in English and Spanish), 2021.

Fiancé & marriage visas: A couple's guide to U.S. immigration by Ilona M. Bray, 11^th ed., Nolo, 2022. (eBook available with library card)

How to get a green card by Ilona Bray, 15^th ed., Nolo, 2022. (2024 eBook available here with library card)

Immigration law and procedure, Matthew Bender, loose-leaf. (eBook available with library card)

Immigration pleading and practice manual by Thomas Hutchins, West, annual.

Immigration practice manual, 4^th ed., MCLE, 2022.

Kurzban’s immigration law sourcebook: A comprehensive outline and reference tool, 18^th ed., American Immigration Counsel, 2022.

U.S. immigration made easy by Ilona Bray, 21^st ed., Nolo, 2023. (2025 eBook available with library card)

Last updated:	April 3, 2025