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Judicial Watch • 2005 herndonletter072605

2005 herndonletter072605

2005 herndonletter072605

Page 1: 2005 herndonletter072605


Number of Pages:3

Date Created:July 26, 2005

Date Uploaded to the Library:July 29, 2013

Tags:facilitating, percent, Planning, procedures, employment, resources, proposed, illegal, alien, Chairman, immigration, Street, project, Commission, staff, watch, funds, federal, judicial, board, school, states, united, EPA, ICE, CIA

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Judicial Watch 
Because one above the law! 
July 25, 2005 
Chairman Carl Siversten Herndon Planning Commission Town Herndon Municipal Center 777 Lynn Street Herndon, 20170 

Dear Chairman Siversten: 
Judicial Watch, Inc. represents concerned residents and taxpayers the Town Herndon and Fairfax County. These residents and taxpayers wish express their concern about the "Day Laborer Site" proposed "Project Hope and Harmony." 
Project Hope and Harmony's application for conditional use permit calls for the "Day Laborer Site" situated Town Herndon property. This provision rent-free land has substantial dollar value and therefore constitutes use taxpayer resources. also our understanding that approximately $170,000 county funds are being made available for the proposed site. 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, Planning Commission Staff Report, Update Summary, dated July 11, 2005 ("Staff Report"), addition, the application also proposes providing variety services the day laborers who use the site, including "job training, language and literacy classes, job development, workers rights and immigration law assistance, and leadership development." Id. Attachment para. 12. 

501 School Street.  Suite 725  Washinton, 20024  Tel: (202) 646-5172  Fax: (202) 646-5199 

Herndon Planning Commission 
July 25, 2005 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 of2003. 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 (4) "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 application and its "Operating Policies and Procedures," well the Fairfax County Survey, appears extremely 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 site determine whether, fact, they are eligible work the United States. The Staff Report does not even attempt address any meaningful way the illegal employment undocumented workers the Town ofHemdon's and the County Fairfax's facilitating such illegal employment practices. These critical omissions make 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 not detrimental the public welfare injurious property improvements the neighborhood. See Staff Report 7-8. 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. 

According the Fairfax County Survey, day laborers frequently complain about improper and abusive practices employers, including lack sufficient breaks, non-payment and underpayment, 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. 

501 School Street,  Suite 500  WashinSJton. 20024  Tel: (202) 646-5172  (888) JW-ETHIC Fax: (202) 646-5199 email: info@judicialwatch.orSJ

Herndon Planning Commission 
July 25, 2005 
Moreover, devoting taxpayer resources the proposed "Day Laborer Site," the Town Herndon and Fairfax County themselves 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 law." 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 "Day Laborer 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, the proposed "Day Laborer Site" also likely constitutes ultra vires act, since not reasonable method implementing the authority conferred the Town Herndon and/or Fairfax County Virginia law. See, e.g., Arlington County White, 259 Va. 708 (2000). Should the proposal forward, our clients are prepared challenge the "Day Laborer Site" court illegal use taxpayer funds and will seek declaratory and injunctive relief, attorney's fees, costs, and any other relief which they are entitled. 
For the Town Herndon and Fairfax County use taxpayer resources the manner proposed the application akin local county government operating house prostitution open-air drug market that "customers" and "suppliers" can have safe, wellrun locale which carry out 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 Planning Commission will recommend against the proposed use. 
Thank you for your attention this matter. 

cc: 	Mayor Michael O'Reilly Town Council, Town Herndon, Virginia Board Supervisors, Fairfax County, Virginia Board Supervisors, Loudon County, Virginia 

501 School Street.  Suite 500  WashinSJton, 20024  Tel: (202) 646-51 (888) JW-ETHIC 
Fax: (202) 646-5199 email: