The Durham City Council has unanimously passed a resolution declaring the city a “Fourth Amendment Workplace,” strengthening protections for municipal employees, including undocumented immigrants, against actions by U.S. Immigration and Customs Enforcement (ICE).
The measure, approved Tuesday, is rooted in the Fourth Amendment’s protection against unreasonable searches and seizures. It instructs city staff to uphold these constitutional rights in their workplaces and to report any barriers to effective training on the policy.
According to the resolution, the city has “historically pursued equity and safety for all residents,” and the threat of “unconstitutional seizure” has prevented many migrants from safely engaging in public life, including employment and education.
The policy was prompted by a July incident in which four plainclothes ICE agents appeared at the Durham County Courthouse to detain an undocumented immigrant. While the individual did not appear for his court date and no arrest was made, the agents’ presence triggered protests and concern among local officials.
“Our residents witnessed ICE agents in our community, instilling widespread fear and uncertainty,” Mayor Leo Williams said in a statement following the incident. “While local leaders cannot legally override the federal government’s use and weaponization of ICE, we can and must stand in strategic solidarity with our neighbors.”
During the council meeting, several migrants and their families spoke in favor of the resolution, describing their anxieties in daily life. Elise Ballan, chair of the Durham Workers’ Rights Commission, also spoke, stating that federal immigration policies put many residents “at risk of abuse, abduction and even deportation.”
With this resolution, Durham joins Carrboro, which in May became the first North Carolina town to adopt a “Fourth Amendment Workplace” policy. The move comes amid ongoing tensions over immigration enforcement in the region. In February, ICE arrested 11 undocumented individuals in Durham. The federal government has previously labeled Durham a “sanctuary” community, a designation local officials dispute as having “no legal or factual basis.”
The city’s stance contrasts with a new state law, passed over the governor’s veto, that requires sheriffs to cooperate with federal immigration officials. However, Durham’s Mayor Pro Tempore, Mark Anthony Middleton, recently affirmed he would never support collaboration between local police and ICE.
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