(Washington, DC) – Judicial Watch President Tom Fitton offered the following statement today to the Herndon Town Council as it considered a proposal by “Project Hope and Harmony” to operate a taxpayer-funded “Day Laborer Site” in the Town of Herndon:

“Thank you, Mayor and members of the Town Council.  I’m Tom Fitton, President of Judicial Watch, a government watchdog group based in Washington, D.C.  Judicial Watch is honored to represent concerned Herndon citizens who adamantly oppose this proposed use of taxpayer monies for illegal purposes.  They are prepared to sue the Town of Herndon if you approve this site and they will go to court to stop the Town from violating the law.  We sent you a letter to this effect on August 12, and I request that the letter be made part of the public record.

“The law is clear.  Can one hire undocumented workers?  No, it is illegal.  Can one hire someone without ensuring they are legally eligible to work here?  No, it is illegal.

“It is illegal to ‘encourage or induce an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.’  It is illegal to aid or abet the commission of such acts.

“Can a town expend taxpayer monies or provide support to facilitate such illegal activities?  Of course not.  This proposed site is designed to facilitate illegal activity:  the illegal hiring of illegal aliens.

“So, can the Town Council approve this plan?  For the Town Council to recommend this plan would be illegal under federal law.  But it would also be illegal under Virginia law.  Any town support for this site would constitute an ultra vires act, since no public official has any inherent power to authorize or facilitate unlawful acts using taxpayer funds.  Support for this site is not an option.

“The Town of Herndon has allowed illegal activity to go on unchecked at the 7-Eleven and elsewhere.  The solution is not local taxpayer support for this illegal activity.  The area around the 7-Eleven is the illegal day labor equivalent of a red-light district.  Law enforcement is in order, not taxpayer subsidies.

“The Planning Commission has seen reason and rejected this ill-conceived plan.  Under the laws of this Commonwealth, and under the laws of the United States, you must also decline to support this proposal.  Otherwise, Judicial Watch and its Herndon resident clients will see the Town of Herndon in court.

“Thank you.”

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