(Washington, DC) – Judicial Watch, the nonprofit watchdog organization that fights government corruption, announced today that it has filed a lawsuit against the Town of Herndon, Virginia on behalf of concerned Herndon citizens who are opposed to the use of taxpayer funds to provide a “Day Laborer Site,” and various other employment services, for illegal aliens, Karunakaram, et al. v. Town of Herndon (CH 2005 4013, Fairfax County Circuit Court). Judicial Watch seeks a permanent injunction preventing the Town of Herndon from expending taxpayer resources on the “Day Laborer Site,” along with a declaratory judgment that the site is unlawful and a violation of federal and state law.
According to Judicial Watch’s lawsuit, filed today in Fairfax County Circuit Court, “persons seeking employment at the Day Laborer Site will include predominantly undocumented workers and the Town Council knew this to be the case when it approved a conditional use permit for the Day Laborer Site.” Among the legal claims presented in Judicial Watch’s lawsuit:
The “Day Laborer Site” Violates Federal Law: “Federal law prohibits employers from hiring undocumented workers. It is unlawful to recruit or hire an alien if it is known that the alien is not authorized to work in the United States…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 the law.’ It is unlawful to aid or abet the commission of such acts. It also is unlawful to hire any individual for employment in the United States without complying with federal employment eligibility requirements.”
The “Day Laborer Site” Violates Virginia State Law: “…the Virginia General Assembly has adopted a statute prohibiting public assistance to illegal aliens. Effective January 1, 2006, the statue provides, in pertinent part, that ‘no person who is not a United States Citizen or legally present in the United States shall receive state or local public assistance…except for state or local public assistance that is mandated by Federal Law…’”
The “Day Laborer Site” Violates Town of Herndon Zoning Ordinances: “The Town of Herndon zoning ordinance 78-107(11) requires that ‘[a]ll activities conducted on the [day laborer] site shall be carried out in a lawful manner, as determined by competent town, Virginia, or federal authorities.’”
Judicial Watch notes in its complaint that the “Day Laborer Site” proposal provides no provisions for screening day laborers to determine if they are legally eligible to work in the United States. According to a Fairfax County study, a substantial majority of the area’s “day laborers” lack the proper documentation to work in the United States.
Judicial Watch represents a group of taxpayers of the Town of Herndon who are outraged at this illegal and irresponsible use of their tax dollars. Before filing its lawsuit, Judicial Watch sent letters to the Herndon Town Council, as well as Fairfax and Loudon County officials, to put them on legal notice and to detail Herndon citizens' objections to the “Day Laborer Site.” Judicial Watch President Tom Fitton spoke before the Herndon Planning Commission on August 3, which ultimately voted to reject the “Day Laborer Site” proposal, and testified before the Herndon Town Council on August 16, which voted 5-2 in favor of the proposal.
“Citizens of Herndon want to stop their town government from acting illegally,” said Judicial Watch President Tom Fitton. “The courts cannot allow the Town of Herndon to so flagrantly violate the laws of the United States and the laws of the Commonwealth of Virginia.”
Click here to read Judicial Watch's lawsuit.
