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Judicial Watch • 2005 Herndon Town Counci lLetter

2005 Herndon Town Counci lLetter

2005 Herndon Town Counci lLetter

Page 1: 2005 Herndon Town Counci lLetter


Number of Pages:4

Date Created:August 12, 2005

Date Uploaded to the Library:July 29, 2013

Tags:percent, express, procedures, employment, activities, resources, proposed, illegal, alien, immigration, Street, project, public, Council, staff, section, michael, funds, federal, judicial, board, states, united, EPA, ICE, CIA

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Because one above the law! 
August 12, 2005 
The Hon. Michael O'Reilly Mayor, Town Herndon Herndon Municipal Center 777 Lynn Street Herndon, 20170 

Dear Mayor O'Reilly: 
Judicial Watch, Inc. represents concerned residents and taxpayers the Town Herndon and Fairfax County. These residents and taxpayers wish express their opposition conditional use permit being requested "Project Hope and Harmony" operate "Day Laborer Site" the Town Herndon. note that the Planning Commission recommended against the application after two lengthy hearings August and August 2005. The Town Council scheduled consider the application public meeting Tuesday, August 16, 2005. 
Project Hope and Harmony's application calls for the proposed "Day Laborer Site" situated Town Herndon property. The use public land for the site, free charge, constitutes substantial economic benefit and significant use taxpayer resources. also our understanding that approximately $170,000 funds are being made available for the proposed site Fairfax County. Our clients' concerns are numerous, but center the use taxpayer resources, including town property and county funds, facilitate illegal activity. you undoubtedly know, unlawful for employers hire undocumented workers. Federal law expressly prohibits the recruiting hiring alien known that the alien not authorized work the United States. U.S.C.  1324a(a)(l)(A). addition, unlawful hire any individual for employment the United States without complying with federal employment eligibility verification requirements. U.S.C.  1324a(a)(l )(B)(i) 
The stated purpose the proposed "Day Laborer Site" provide "assembly site where day laborers can congregate for the purpose finding work." See Town Herndon, Virginia Staff Report, dated July 11, 2005 ("Staff Report"), addition, the application also proposes providing variety services the day laborers who use the site, including "job 

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The Hon. Michael 0'Reilly August 12, 2005 Page 
training, language and literacy classes, job development, workers rights and immigration law assistance, and leadership development." Id. Attachment para. 12. cannot reasonably disputed that users the proposed "Day Laborer Site" will include undocumented workers. fact, appears from the permit application and "Operating Policy and Procedures" that the proposed site aimed assisting precisely such workers. Id. Attachments and Moreover, June 2004, Fairfax County published the results survey day laborers taken the Fall 2003. See Dep't Systems Management for Human Services, "An Account Day Laborers Fairfax County," June 2004 ("Fairfax County Survey"). The survey interviewed two hundred and one (201) day laborers four "informal" day laborer sites Fairfax County, including site Herndon. Id. The results the survey showed that the overwhelming majority day laborers interviewed --some eighty-five percent (85%) --preferred permanent employment day labor. Id. 15. this eighty-five percent (85%), approximately eighty-five percent (85%) cited the lack documentation being barrier obtaining permanent employment. Id. Based the expressed intent the applicant, demonstrated its application and its "Operating Policies and Procedures," well the Fairfax County Survey, appears very likely that the site will used undocumented workers and employers undocumented workers for illegal activities, namely the employment undocumented workers.1 currently written, the application proposal contains provision for screening day laborers the proposed site determine whether, fact, they are eligible work the United States. See, e.g., Staff Report Attachment 10. Although Section 78-107 the Town Herndon Zoning Ordinance expressly requires that "[a]ll activities conducted the site shall carried out lawful manner, determined competent town, Virginia federal authorities," the Staff Report does not even attempt address the illegal employment undocumented workers the facilitation such illegal employment the Town Herndon and Fairfax County. Failing ensure that the day laborers the proposed site are eligible work the United States makes very likely that taxpayer resources will used facilitate violations federal law. addition, the Staff Report notes, citing Section 78-91 the Town Herndon Zoning Ordinance, that conditions for the issuance use permit for the "Day Laborer Site" include the following: (1) that the proposed use must not affect adversely the health safety persons residing working the neighborhood the proposed use; (2) that the proposed use must 

According the Fairfax County Survey, day laborers frequently complain about improper and abusive practices employers, including lack sufficient breaks, non-payment and under-payment, abandonment, discrimination, and threats and violence. Fairfax County Survey 16. Using taxpayer funds facilitate black market labor makes the Town Herndon and Fairfax County complicit such reprehensible practices. 

The Hon. Michael O'Reilly August 12, 2005 Page 
not detrimental the public welfare injurious property improvements the neighborhood. See Staff Report 9-11. While the report tries address petty criminal activity, nowhere does address the obvious violation federal immigration and employment laws that will likely take place the site that will facilitated the existence the site. 
Moreover, devoting taxpayer resources the proposed "Day Laborer Site," the Town Herndon and Fairfax County will likely violating federal law. Federal immigration laws make illegal "encourage induce alien come to, enter, reside the United States, knowing reckless disregard the fact that such coming to, entry, residence will violation oflaw." U.S.C.  1324(a)(l )(A)(iv). Federal immigration laws also make unlawful aid abet the commission such acts. U.S.C.  1324(a)(l)(A)(v)(II). Certainly, facilitating the illegal employment undocumented aliens, contemplated the proposed site, may deemed encouraging inducing alien come to, enter, reside the United States, or, minimum, aiding and abetting such conduct. addition being illegal under federal immigration laws and/or facilitating illegal conduct, likely that the proposed "Day Laborer Site" also illegal under Virginia law. are aware Virginia statute expressly authorizing municipalities such the Town Herndon establish day laborer sites. the unlikely event that the establishment such sites can fairly implied from powers expressly granted the Town Herndon Virginia law, nevertheless likely that establishment the proposed site illegal because not reasonable method implementing any implied powers conferred the Town Herndon Virginia law. See, e.g., Arlington County White, 259 Va. 708 (2000). The proposed site also may violate Va. Code 63.2-503.1, among other applicable provisions oflaw. 
For the Town Herndon and Fairfax County use taxpayer resources the manner proposed the application akin municipality county operating house prostitution illicit drug market enable persons who participate such activities have safe, wellregulated environment which engage their illegal transactions. While the applicant's intentions may well-meaning, the proposed "Day Laborer Site" neither good public policy nor lawful use taxpayer resources, and our clients are firmly opposed it. trust that the Town Council will reject it. 
Nonetheless, should the proposal forward, our clients are prepared challenge the "Day Laborer Site" court illegal use taxpayer funds and ultra vires act, among other bases, and will seek declaratory and injunctive relief, attorney's fees, costs, and any other relief which they are entitled. 
Finally, our understanding that members the public are entitled express their views the proposed "Day Laborer Site" the Tuesday, August 16, 2005 public meeting. Given the amount public interest the proposed site, trust that reasonable The Hon. Michael O'Reilly August 12, 2005 Page 
accommodations will made ensure that everyone who wishes express their views the proposed site will given fair and equal opportunity so. See, e.g., City Madison, 429 
U.S. 168 (1976); Collinson Gott, 895 F.2d 994 (4th Cir. 1990). 
Thank you for your attention this matter. 


Paul Orfanedes Director Litigation 
cc: 	Town Council, Town Herndon, Virginia Board Supervisors, Fairfax County, Virginia Board Supervisors, Loudon County, Virginia