gaithersblog.net

Earlier this week, I linked to a story by Sebastian Montes in the Gazette about a joint effort between Gaithersburg Police and the State’s Attorney’s office to step up prosecution of “traditional crimes being committed that are destabilizing a community”, as Montgomery County State’s Attorney John McCarthy put it.

The police-prosecutor partnership, forged in recent months, has included outreach to both workers and contractors to encourage them to use the county center located on Crabbs Branch Way, about two miles from the most-used parking lots in Gaithersburg. Police give the workers repeated warnings and provide directions to the center. They also take workers’ photographs and compile identifying information in a database of known day laborers.

Today, aparently having read the Gazette, the Examiner had a story by Kathleen Miller, which gave a bit more detail on the legal instruments being used by the Police:

Gaithersburg Police Chief John King said 140 residential and commercial property owners throughout the city have signed papers giving police the authority to ban repeat trespassers. According to King, 53 of the business are located along Maryland Route 355, where many day laborers gather for work.

Gaithersburg Council Member Cathy Drzyzgula said she testified about the negative effect of trespassing at the trial of one defendant who was cited after being found three times on a property.

“This is a question of behavior, not race, which is often thrown out,” [Drzyzgula] said. “Some business owners see these people as customers, others see them as people who drive customers away because large gatherings of people can be intimidating.”

Having read the Examiner, Channel 7 posted an excerpt of that story on their website, and then had a video report on the 5:00 news. They also have a poll, asking “Should local police agencies be involved in dealing with illegal immigrants?”. As I write this, the response is running 81% YES, with 576 votes counted.

I should also note that both the Gazette and Examiner stories point out that this is not just going on in Gaithersburg; the Montgomery County Police are engaging in similar efforts in Wheaton and Silver Spring.

Philip Rucker writes in the Washington Post, Gaithersburg Ordinance Ruled Unconstitutional:

A controversial Gaithersburg ordinance making it illegal for anyone to seek work or hire workers on most city streets, sidewalks and parking areas was deemed unconstitutional in an opinion released yesterday by Maryland Attorney General Douglas F. Gansler.

“The portions of the Gaithersburg ordinance that are not preempted by state law regulate speech in a traditional public forum,” they wrote in the opinion. “While those provisions are content neutral, they are not narrowly tailored to serve the designated purposes of public safety and traffic flow.

“Accordingly, in our view, the ordinance would not survive a constitutional challenge.”

Sebastian Montes writes in the Gazette, Gaithersburg anti-solicitation law spurned by AG

Gaithersburg Mayor Sidney A. Katz and the City Council passed the measure in February 2007 in the face of years of struggling with day laborers looking for work every morning along the city’s Route 355 corridor.

The measure makes curbside hires a misdemeanor for both hirers and workers. However, they agreed to delay enforcing it until the county opened its day-laborer center just outside city limits. The center opened in April.

Kathleen Miller writes in the Examiner, Some day laborers bypass help:

Each day, about the same number of workers gather at convenience stores at University Boulevard and Piney Branch Road in Silver Spring as use a taxpayer-funded center run by immigrant advocacy group CASA of Maryland a half-block away.

Patrick Lacefield, spokesman for County Executive Ike Leggett, said the centers ”manage and regularize what had been a gathering that was impacting residential and commercial areas” and called the program a success.

“We can’t force people to use the center. Obviously lots of people are using the center of their own free will,” he said.

Manuel Rivera, a Silver Spring resident originally from El Salvador, said he went to the 7-Eleven instead of in the county-sanctioned center because of the church vans that he says deliver food to the workers in the store parking lot.

“I get breakfast here every day,” he said in Spanish.

Let’s repeat here: Patrick Lacefield says that the centers ”manage and regularize what had been a gathering that was impacting residential and commercial areas” (emphasis mine). How on Earth does this make any sense whatsoever? How can he use the words “had been” with anything approaching a straight face, when the entire point of the discussion is that these gatherings are still going on? With respect to the impact of solicitation activity on residential and commercial areas, in the context of the County’s cojones-free approach to this problem, all these centers do is create yet another place for solicitation to occur.

I suppose that the most remarkable thing about this quote is that anyone that high up in the County actually admits that these gatherings have any impact on residential or commercial areas whatsoever. Not that they appear to have any intention of actually addressing these problems. They could, for example, enact and enforce an anti-solicitation ordinance. Which, if the County was truly serious about protecting these vulnerable day laborers, would be an excellent way to help stop abusive employers from hiring in the County, while simultaneously providing relief to areas impacted by the solicitation activity. But the County would appear not to be interested in achieving this sort of balance.

In an article in this week’s Gazette, Sebastian Montes writes, Day-laborer center has created thousands of jobs:

A new report on the county’s day-laborer center in Shady Grove shows that more than 2,200 people were hired for jobs in the third quarter of this year.

The quarterly reports were mandated by the county Planning Board in February when it approved County Executive Isiah Leggett’s plan to open the temporary Crabbs Branch center. The board has no authority over the center, but stipulated the reports as part of its approval to allow the county to change the use of one of its properties.

I actually do take issue with the Gazette’s choice of a headline for this article, because I hardly think that the laborer center can be credited with creating the jobs obtained by the workers. I think that one would instead say that the local economy — or possibly the employers — have created these jobs. One could possibly credit the laborer center with facilitating the placement of these workers in these positions, although a large number of them probably would still have been hired off the street in the absence of the center. It’s also possible that the apparent endorsement by the County and consequent apparent legitimacy of the hiring of workers who use the center may have encouraged some employers to hire those workers in particular, but it still isn’t clear to me that this would mean that the jobs were created by the center.

In any event, Gaithersblog has obtained a copy of what seems to be the original Microsoft Word-format report, which I’ve posted here as it does not appear to be available on the County’s website. I’ve also transcribed the content below:

REPORT ON THE OPERATION
OF
THE CRABBS BRANCH TEMPORARY WORKERS CENTER (CBTWC)
(Operated by CASA of Maryland, Inc.)

July - September 2007

Employment Highlights
There was a record number of job placements during the third quarter including a total of 1,842 day jobs, 377 temporary and 17 permanent placements. Two hundred and eighty-one new employers registered at the center and 806 previously registered employers returned to secure workers. There was also a significant increase in females seeking employment at the center. A total of 46 females registered during the quarter as compared to seven the previous quarter. Four were placed in one-day jobs. There was a decline of temporary job placements in landscaping in September due to the continuing drought conditions. Twenty-three workers were offered temporary leaf collection positions with the County beginning November 1.

Programs Presented
Center staff sponsored a “Christmas in July” campaign to encourage workers to save a portion of their earnings during the busy summer months in order to meet their expenses during the slower fall and winter months when jobs are scarce. Workers were also instructed on the importance of being flexible and willing to accept unconventional jobs that may pay less and are not related to construction and landscaping, but are more available during the slower months. A visit from Bank of America representatives resulted in 13 workers opening bank accounts.

Twelve workers received ESOL certificates. Classes continued into September and after new class registration, resumed on October 17.

A refresher presentation of the “Good Workers and Good Neighbors” campaign was offered to the workers. This campaign seeks to build and enhance the reputation of the center and the workers in the community and among employers by using media contacts. Workers were offered the opportunity to learn about CASA’s vocational training programs. As a result one worker received $600 in tuition assistance through CASA to attend a construction renovation program at Centro de Capacitacion Tecnica in Wheaton. Four workers received culinary training at “Through the Kitchen Door” with two receiving certification from the program. Although legal rights presentations were suspended due to lack of certified presenters, the program will resume in November.

Community Organizing and Outreach
On Saturday, July 21, CASA organized an event to support the workers at the Crabbs Branch Temporary Workers Center and to counter protesters who gathered near the center. Marino Cordoba, CASA’s day laborer organizer, and workers, including those from CASA’s other centers in the County were present. CASA also placed 23 workers that day.

CASA continued its outreach to attract new workers and employers. CASA representatives visited businesses where workers continue to gather and some employers are most likely to hire day workers. Approximately 3,000 flyers per month were distributed at various locations throughout Gaithersburg during the quarter including at the Montgomery County Fair. The center also participated in the annual Gaithersburg Labor Day Parade and “Celebrate Gaithersburg” day.

Gaithersburg Police Chief John King toured the center and encouraged CASA to contact him if there was need for his services.

Other Activities
Leadership Montgomery, a group of non-profit, business and government leaders, visited the center in July to learn about programs being offered by CASA. Several workers spoke about their experiences in the United States and the importance of the employment centers to the immigrant community.

The Washington Post featured the CBTWC in an article in recognition of Labor Day. Author Pamela Constable spent two days at the center observing and speaking with workers and staff.

Monthly Progress Meetings and Reports
The Upcounty Regional Services Center staff continued to meet with CBTWC staff to review monthly reports provided by them and to discuss facility issues and future outreach and programming plans.

Security
No incidents or calls for service were reported by District 1 Police. There was police coverage on July 21 during the demonstration and there were no arrests or citations given that day.

Traffic
A total of 1,194 vehicles passed through the center property during the third quarter. The daily average was 17 vehicles. The monthly breakdown is as follows:
July - 399
August - 461
September - 334

July Program Statistics
Day Job Placements - 607
Permanent Job Placements - 5
Temporary Job Placements (more that one day/not permanent) - 77
New Employers (newly registered) - 116
Existing Employers (previously registered/repeat) - 220
ESOL Students - 11
Legal Rights Presentations - 1
Attendees at Legal Rights Presentations - 35
Information and Referrals - 25

August Program Statistics
Day Job Placements -704
Permanent Job Placements - 7
Temporary Job Placements (more that one day/not permanent) - 143
New Employers (newly registered) - 99
Existing Employers (previously registered/repeat) - 295
ESOL Students - 12
Legal Rights Presentations - 0
Attendees at Legal Rights Presentations - 0
Information and Referrals - 17
ID Cards Issued - 42

September Program Statistics
Day Job Placements - 531
Permanent Job Placements - 5
Temporary Job Placements (more than one day/not permanent) - 157
New Employers (newly registered) - 66
Existing Employers (previously registered/repeat) - 291
ESOL Students - 0 (previous month class continued)
Legal Rights Presentations -0
Attendees at Legal Rights Presentations - 0
Information and Referrals - 15
ID Cards Issued - 31

Prepared by the Upcounty Regional Services Center
November 9, 2007

Gary Emerling writes:

A D.C. Council member’s plans to place a day-laborer center in Northeast appear to be at a halt as officials struggle to find a property to house the site and community opposition to the center grows.

Officials have not been able to find a location for the day-laborer center, in part because both the District and Home Depot own land in the plaza.

City officials hoped Home Depot would donate use of a parcel for the facility, which the company has not done.

Jeremy Redmon writes in the Atlanta Journal-Constitution, Hiring off the curb? Not in Marietta:

Marietta police busted Lee Chalfant as soon as the day laborer climbed into his pickup truck.

Chalfant, a home remodeler, said he was hiring the man to help him clean up construction debris from a work site. He picked him up last year just off Powder Springs Street, in an area bustling with young Hispanic men looking for work.

But for eight years, Marietta has been quietly enforcing the same law, targeting the people who hire day laborers. City police have handed out tickets to builders, landscapers and even homeowners seeking help with lawn work. Their reasons for hiring the day laborers vary, but their actions continue to fuel debate on the issue of illegal immigration. That’s because, correctly or not, many presume the majority of day laborers are illegal immigrants.

Jose Luis Jiménez writes for the San Diego Union-Tribune, Day-labor registry will stay secret, judge rules:

The city of Vista was barred yesterday from releasing the identities of employers registered under the city’s day-laborer law, after a judge decided their right to privacy trumps the public’s right to know.

“The information requested . . . has little to do with how the city of Vista is enforcing the ordinance,” the judge said. “The public interest level in this case . . . is quantitatively less than all the other public interest cases I have been asked to review.”

Eunice Moscoso writes for Cox News Service, U.S. Courts Strike Down Immigration Ordinances:

Cities and groups trying to crack down on illegal immigration are finding an obstacle to their efforts — U.S. courts.

A string of recent judicial decisions have invalidated many tough ordinances, including those trying to crackdown on landlords who rent to illegal immigrants and employers who hire them.

A federal ruling that struck down an immigration ordinance in Hazleton, Pa., has created a ripple effect, stopping other cities from approving or enacting similar measures until the case makes its way up the judicial chain.

Similar laws in Escondido, Calif., Farmers Branch, Texas, and a few other cities have also been invalidated or put on hold by federal courts.

In Herndon, Va., an anti-solicitation ordinance that targeted illegal immigrant day laborers was struck down by a circuit court judge who ruled that it violated the First Amendment.

Earlier this month, a federal court in San Francisco put on hold a Department of Homeland Security effort to crack down on employers who hire illegal immigrants, angering groups who seek tougher enforcement. The government was planning to deliver thousands of letters to companies warning of workers with potentially false Social Security numbers. Businesses that ignore the letters could be fined up to $10,000 per employee or face criminal prosecution.

Update: Karin Brulliard writes in the Washington Post, ‘What We Had Here Was a Family’

Herndon shuttered its publicly funded day-laborer hiring site yesterday in a publicized move to crack down on illegal immigration, but the controversy seemed likely to continue as dozens of workers marched about a mile and a half to a path beside a park, where they plan to renew their quest for jobs.

Guided by representatives from the Los Angeles-based National Day Laborer Organizing Network, they picked a 13-foot-long patch of public land between a curb and the boundary of Alabama Drive Park in central Herndon. The workers said they will be there this morning to begin looking for jobs.

Town spokeswoman Anne Curtis said that people are free to solicit work from inside the space, in accordance with the court’s ruling, as long as they do not impede traffic or seek jobs while inside the park.

But a town zoning ordinance prohibits workers from creating a “designated or formalized site” without a special exception from the Town Council, she said.

Sandhya Somashekhar writes in the Washington Post’s Virginia Briefing:

After Herndon’s hiring center for day laborers closes tomorrow, workers will begin soliciting employers for jobs on the sidewalk near Alabama Drive Park, an activist group announced yesterday.

The workers are planning to hold a march at 10 a.m. tomorrow from the center to the park to draw employers’ attention to the informal new job site, said Marco Amador, education and outreach coordinator for the National Day Laborer Organizing Network.

Also in that item, there’s an AP wire story reporting that Spotsylvania supervisors have declared English the county’s official language.

Bill Turque writes in the Washington Post:

The Town of Herndon announced yesterday that it would close its 21-month-old day-laborer center next week instead of complying with a judge’s ruling that the site must be open to all residents, including those who might be illegal immigrants.

By my reckoning, this would appear to take Herndon back to Square One: They don’t have an enforceable anti-solicitation ordinance, in large part because of their unwillingness to make the day laborer center “permanent” and keep it open to illegals (and yes, the Court’s opinion that these things are important). And now they won’t have a day laborer center at all, so the only option that appears to be left to the day laborers — illegal and, to the extent such exist, legal alike — is hanging out on street corners and 7-Eleven parking lots. Mayor DeBenedittis claims that they still have other ways to deal with the problem, e.g. “zoning and traffic ordinances”.

Perhaps one thing Herndon could do would be to take the approach of Vista, California, which recently decided to require those who hire laborers off the streets to get a permit to do so. In this case, the fight is not over the permit requirement, but rather over the question of whether the names of the those who obtain permits should be released to the public. This might not put an end to the day laborer solicitation, but it could possibly help reduce the demand for those services, and if the privacy issues can be resolved, it does open up the possibility that adherence to hiring laws on the part of those who obtain permits could be subject to verification.

Herndon also does have the option of fixing their anti-solicitation ordinance by making it be dependent on the existence of a hiring site (thus resolving the permanent/temporary issue) and biting the bullet and simply allowing the existing day laborer center to quietly operate just as it has for the last couple of years. This wouldn’t calm the complaints of those who oppose the center on principal, but it would help serve the public interest in avoiding the the very real problems associated with ad hoc hiring sites.

• Mariana Minaya writes in the Washington Post: Giving Teens Alternatives To Becoming Mothers:
  

  Social services advocates hope to reduce the growing number of teenage Hispanic mothers in Montgomery County with culturally sensitive programs about healthy sexual practices, building self-esteem and improving parent-teen communication.

  This follows the story a few days ago about the high birthrate among Hispanic teens.

• William C. Flook writes in the Examiner: Herndon to decide fate of labor site this month:
  

  The future of Herndon’s embattled day labor site will be decided this month as the Town Council mulls whether to dismantle the center or renew a permit that two years ago thrust the town into the middle of a national immigration debate.

• Kathleen Miller writes in the Examiner: Area day laborers to gather for national convention:
  

  More than 200 day laborers and advocates are expected to gather in the Washington area to protest immigration raids in communities, brainstorm ways to combat negative stereotypes and discuss job standards during a weekend convention that begins today.

Ernesto Londoño writes in The Washington Post:

A group opposed to illegal immigration held a two-hour protest yesterday in front of a day-laborer center in Montgomery County, calling on elected officials to stop funding the center that the county set up near Gaithersburg.