A Virginia town that is taking immigration matters into its own hands is beginning to meet with legal resistance, the DC Examiner reports.  The Virginia chapter of the American Civil Liberties Union has pledged to represent immigrant day laborers who were frozen out from employment from Herndon , Virginia , a city that has interpreted existing zoning regulations as a means to keep employers from soliciting day laborers.  The legislation also led to the closing of the official labor center in Herndon.   

ACLU of Virginia Executive Director Kent Willis said that Herndon has "created an illegal and bizarre scenario" with its plans to use zoning to create a makeshift anti-solicitation law.  "Clearly individuals have a right to stand in public space and engage in free speech related to employment," he said. "Herndon cannot, without violating the constitutional rights of day laborers, use zoning ordinances to prevent that kind of speech." The organization plans to send the town a letter sometime this week cementing its promise to represent laborers caught up in the new enforcement efforts.  

Thomas Fitton, president of DC-based Judicial Watch, said the town is on "strong legal ground" in using zoning to target labor sites.  "Herndon doesn’t’ have any laws specifically targeting illegal immigrants per se," He said.  "They’re going to have to be dealing with zoning and traffic ordinances that are neutral on their face, and apply to both legal and non-legal residents."