Center staff won't check legal status of laborers

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The staff at a newly approved day laborer center in Herndon will not check the immigration status of the workers who use the facility, town officials said yesterday.

Herndon Mayor Michael O'Reilly, a proponent of the center, said organizers who sought the town's approval for establishing such a center told officials it was not their job to check the workers' legal status.

"The applicant said it was not their job and that they didn't have the capacity to enforce federal immigration law," Mr. O'Reilly said yesterday. "It was clear they will not be checking legal documentation."

The Town Council Wednesday night voted 5-2 to establish a formal day labor site that would replace the ad hoc site at a local 7-Eleven where workers now gather and cause problems for passers-by and merchants.

The council did not approve spending any taxpayer money for the site.

But, Project Hope and Harmony, a group of churches and community leaders who sought the town's approval for the center, is seeking a grant from Fairfax County to help pay for the staff that will oversee about 150 laborers. It is not known whether the group will receive any funds from the county.

The council set as a condition for approval a requirement that the center provide all employers a brochure that would state when they must check documentation.

For example, a homeowner looking to hire a worker to mow grass or put up shelves would not be required to check the worker's legal status. A contractor seeking to hire a laborer for a more permanent job would be required to check documentation, Mr. O'Reilly said.

The council approved the permit for one year. Project Hope and Harmony can ask for three, one-year extensions.

The council approved the center by overruling the Planning Commission, which earlier this month voted 4-3 against recommending the center.