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06 September 2025

Durham Declares Fourth Amendment Workplace Amid ICE Tensions

A unanimous city council vote makes Durham the second North Carolina city to shield workers and residents from federal immigration raids, sparking debate over local and federal authority.

On Tuesday, September 2, 2025, the Durham City Council in North Carolina took a bold and unprecedented step by unanimously passing a resolution to declare the city a "Fourth Amendment Workplace." The move, which was approved in a 6-0 vote, is aimed at increasing protections for city workers and residents against what the council describes as unconstitutional raids and arrests by U.S. Immigration and Customs Enforcement (ICE). The decision comes amid heightened concerns over immigration enforcement in the area, following several high-profile incidents that have left the community on edge.

The resolution, as reported by The Chronicle and confirmed by the Associated Press, directs city staff to "uphold the 4th amendment at their workplace and city agencies and report back to Council any barriers to effective training on the 4th Amendment for any departments." The Fourth Amendment, a cornerstone of the U.S. Constitution, protects individuals from unreasonable searches and seizures and requires that warrants be issued only with probable cause. By invoking this constitutional protection, Durham’s leaders are sending a signal that they intend to shield city employees and residents from what they see as federal overreach.

Mayor Leo Williams, speaking to The Chronicle, made clear the deep impact recent ICE actions have had on the city. "Our residents witnessed ICE agents in our community, instilling widespread fear and uncertainty," he said. "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." His statement reflects a sentiment echoed by many in the community, who have grown increasingly anxious about the presence of federal immigration authorities in spaces that should feel safe.

The catalyst for the resolution was an incident less than two months prior, when four ICE agents appeared in plain clothes at the Durham County Courthouse. Their mission was to detain an undocumented individual charged with a felony, but no arrests were ultimately made. Nevertheless, their presence was enough to "sound alarms" throughout the city, as described by The Chronicle. On the day of the courthouse incident, Durhamites organized a peaceful demonstration and march to protest immigration enforcement actions, underscoring the level of concern and activism among residents.

At the city council meeting where the resolution was approved, residents and community leaders spoke passionately in support of the measure. One woman, identified by The Chronicle as the daughter of immigrant parents, recounted the toll that ICE activity has taken on local children: "I have seen too many children in our community carrying deep fear, unable to sleep, not wanting to go to school. No child should live with that kind of anxiety." Her words were echoed by Elise Ballan, chair of the Durham Workers’ Rights Commission, who stated, "Durham celebrates a rich diversity of residents and we understand that the Trump administration’s mass deportation targets a completely manufactured panic surrounding immigrants, puts anyone who does not appear white, anyone who does not speak English or has an accent, anyone regardless of papers or immigration status, at risk of abuse, abduction and even deportation to country they have no ties to."

The city’s resolution is not just a symbolic gesture. It requires city staff to undergo training on Fourth Amendment protections, ensuring that all departments are equipped to recognize and resist unconstitutional searches and seizures. The measure also mandates that any barriers to effective training be reported back to the council, a step designed to guarantee accountability and ongoing vigilance.

Durham’s action comes as part of a broader movement in North Carolina. The city is the second in the Triangle area to pass such a resolution, following Carrboro, which enacted a similar measure in May 2025. The push for these protections has been supported by organizations like Siembra NC, which advocates for Latino immigrant workers across the state. Siembra NC was also instrumental in organizing the rally for Duke bus driver Luis Alonso Juárez, who is at risk of losing his legal status following the end of Temporary Protected Status for Hondurans under the Trump administration.

The context for Durham’s resolution is a state and national landscape marked by tension over immigration enforcement. In February 2025, U.S. Customs and Border Protection officers arrested 11 Durham residents identified as "illegal aliens." It remains unclear whether those individuals were apprehended with valid search warrants, raising further questions about due process and constitutional rights. The city was also labeled a "sanctuary county" by the Department of Health and Homeland Security in April for allegedly failing to cooperate with federal immigration enforcement—a designation that local officials have rejected as having "no legal or factual basis."

Adding to the complexity is recent state legislation. The North Carolina General Assembly overrode Governor Josh Stein’s veto of House Bill 10, which directs local sheriffs to comply with federal immigration agents. This move has been controversial, with some local leaders, such as Mayor Pro Tempore Mark Anthony Middleton, making clear their opposition to any collaboration between the Durham Police Department and ICE. At an August 31 candidate forum, Middleton stated unequivocally that he would "never support Durham Police Department collaborating with ICE in any fashion," according to The Chronicle.

Supporters of the Fourth Amendment Workplace resolution argue that the threat of "unconstitutional seizure" has prevented immigrants in Durham from "safely engaging in public life, including pursuing employment and education." The city’s leadership maintains that trust between residents and local government is essential for effective operations and community well-being. As the resolution itself notes, Durham has "historically pursued equity and safety for all residents," a commitment that the council says is more important than ever in the current climate.

Not everyone agrees on the best path forward. While the city council’s move has been lauded by immigrant rights groups and many residents, critics—often citing concerns about public safety and the rule of law—argue that local governments should not interfere with federal immigration enforcement. Some state lawmakers have pushed for stricter cooperation between local and federal authorities, insisting that such measures are necessary to address crime and uphold immigration laws.

Despite these divisions, the mood at the Durham City Council meeting was one of solidarity and resolve. Speakers repeatedly emphasized the need for concrete action to protect vulnerable members of the community and to ensure that constitutional rights are respected for all. The resolution’s passage, and the training and accountability measures it mandates, represent a significant step in that direction.

As Durham joins a growing list of cities seeking to chart their own course on immigration enforcement, the coming months will test the practical impact of the Fourth Amendment Workplace designation. For many in the city, though, the message is already clear: Durham is committed to standing with its residents, upholding constitutional protections, and fostering a community where everyone can live without fear.