(Washington, DC) – Judicial Watch, the public interest group that fights government corruption, announced today that Judge Kathleen MacKay has scheduled a hearing for Tuesday, April 18 in the Circuit Court for the County of Fairfax to hear oral arguments in Judicial Watch’s “day laborer site” lawsuit.  Judicial Watch sued the Town of Herndon and Fairfax County, Virginia in 2005 over their decision to bankroll a day laborer site for illegal aliens with taxpayer funds.  The primary purpose of the hearing is to consider the defendants’ motions to dismiss the lawsuit. 

The Town of Herndon and Fairfax County argue that they have the power under Virginia law to use taxpayer dollars to subsidize and support essentially illegal activity, in this case, the unlawful hiring of illegal aliens through the creation of an employment center for that specific purpose. 

Judicial Watch argues that the day laborer site violates a state law prohibiting the use of public funds to assist illegal aliens, and at least seven federal statutes, including laws that prohibit the “encouraging or inducing residence by illegal aliens,” and laws “making it unlawful to provide certain public benefits to illegal aliens.”

“This case is about two local governments using taxpayer property and funds to help illegal aliens in defying the law,” Judicial Watch argued in its original complaint.

This is the second hearing held in Judicial Watch’s lawsuit.  The first was held on December 16, 2005.  Judge MacKay asked plaintiffs and defendants to file briefs clarifying their arguments in a February 10, 2006 letter in preparation for oral arguments next Tuesday.

“Despite all of the legal tap dancing, the issue here is very clear.  The Town of Herndon and Fairfax County are using taxpayer dollars to subsidize activities that violate both state and federal immigration laws, and they must be stopped,” said Judicial Watch President Tom Fitton. 

The hearing will be open to the press and the public.

A copy of Judicial Watch’s complaints, along with other documents related to Judicial Watch’s fight to stop the illegal “day laborer site”, can be found on Judicial Watch’s Internet site, judicialwatch.org.

--30--