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I. Purpose And Scope
This policy informs County Departments and employees of the requirements for compliance with National Immigration Laws and Regulations.
This policy applies to all Clackamas County Offices and Employees.
II.Authority
This policy is established by the County Administrator’s administrative rule-making authority pursuant to County Code 2.09.060.E.
III. Policy
In accordance with the Immigration Reform and Control Act of 1986 (IRCA), Clackamas County is required to verify through documentation the identity and employment authorization of individuals hired or rehired after November 6, 1986, via the documentation and retention of the Form I-9, Employment Eligibility Verification. All persons that have received and accepted the final offer of employment are required to attest to their employment authorization by completing Section 1 of the Form I-9 and produce acceptable documents (as defined by the USCIS) that establish both identity and employment authorization to an authorized County representative prior to their first day of work for pay.
IV. Definitions
- Immigration Reform and Control Act of 1986 (IRCA): Federal law that introduced civil and criminal penalties to employers who knowingly hired undocumented immigrants or individuals unauthorized to work in the US. The law requires hired employees to demonstrate work eligibility by filling out an I-9 form and submitting certifications of citizenship or work authorization.
V. Policy Guidelines
An authorized representative of the County is required to examine the documents, determine that the documentation is genuine and relates to the person presenting them, and complete Section 2 of the Form I-9 prior to the first day of work for pay.
Persons without a fully completed Form I-9 (as it relates to the scheduled term of employment) on file by the end of the day preceding the scheduled first day of work for pay will be unable to begin employment.
The Department of Human Resources routinely audits for the timely and accurate completion of the Form I-9 and will notify the employees and departments to keep in compliance with all laws. Noncompliance on the part of the employee will require termination.
VI. Access To Policy
Access to this administrative policy shall be as follows:
- Filed in the County’s policy management system.
- Posted to the County’s intranet.
- Posted to the County’s internet.
