Despite upheaval, Herndon still fighting suit

The town of Herndon still is opposing a lawsuit challenging its controversial day laborer center, despite the election of new town leaders critical of the site.

In early May, Herndon voters ousted two town council members and the mayor who had backed the day labor center. The election was largely seen as a referendum on the issue, which had turned the town into a national centerpiece of a larger debate on illegal immigration.

Legal group Judicial Watch filed the lawsuit last year on behalf of a handful of Herndon residents, arguing that public resources can’t legally be used for the center while it serves illegal aliens.

“[New council members] basically ran on a platform against the day laborer site,” said Tom Fitton, president of Judicial Watch. “The unfortunate thing is that they’re still defending this illegal activity. The voters, I thought, clearly spoke as to what they wanted done. But the folks they sent there haven’t acted on ityet.”

Mayor Steve DeBenedittis, who narrowly defeated an incumbent who supported the site, said the council will look for “a good long-term solution” to the laborer center and is exploring alternatives. The council, he said, won’t be motivated by pressure from Judicial Watch.

“We’re not going to do anything shortsighted simply to settle a lawsuit,” he said.

Fairfax County, which has committed funds to programs at the center, was later added to the suit. The county contends it is not facilitating illegal activities, only centralizing the laborers who had been gathering at other areas and causing a public disturbance.

“We found them a safe, healthy place to be,” said Assistant Fairfax County Attorney Corinne Lockett. “Providing a place for employment is not illegal.”

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