The Observer Newspapers |Solutions to Day Laborers Lies in the Past

August 1 , 2008

Solutions to Day Laborers Lies in the Past

To the editor:

In the July 18 Observer, Philip Jones decried the presence of day laborers on Elden Street and called for "action." He spoke of "loitering"... and "...the town is not using the right tools." Perhaps this suggests that the town should adopt a new loitering ordinance, empowered by a recent new Virginia law (Virginia Code 46.2-930). That would not be a wise decision.

The new Virginia law has not been tested in the courts and loitering ordinances have typically not fared well in courts around the nation, including Virginia. Standing on a sidewalk is a well-protected right and besides, the day workers are not loitering—if you ask them, they have a clear purpose in being there. They are waiting for opportunities to work.

Let's not start a new round of promoting the long-standing misconceptions that "loitering" is illegal that "no trespassing" or "no loitering" signs posted on private property can be enforced by our police without a specific request by the property owner.

To clear the streets and provide effective organized management of day laborers in Herndon, the town established a legal, "open-to-all" day labor worker center, in cooperation with Fairfax County. That enabled enforcement of a strong anti-solicitation ordinance. It worked. In addition, the town addressed over-occupancy and other neighborhood problems with new neighborhood zoning restrictions and increased enforcement staffing to enforce the zoning ordinances.

On another topic, Mr. Jones wrote: "...an enforcement model is the best solution." Correction: Enforcement of our ordinances is essential. Radical enforcement models have proven unworkable. In 2003, ICE did not have the mission or adequate funding to process deportation for incarcerated criminal aliens and the ICE Criminal Alien Program was only interested in the "worst of the worst" criminals.

Unfortunately, in 2008, ICE still does not have the mission and adequate funding to handle even "the worst of the worst," as knowledgeable leaders and police chiefs have known and stated for years. 287(g) has not been supported by national and international law enforcement organizations. Only 55 of over 4,600 U.S. local jurisdictions have jumped on the political "bandwagon built of ice" and it has melted.

Sadly, bridges have already been burned.

John M. De Noyer and Ann H. Csonka

Herndon