Durham, North Carolina, has taken an unprecedented step in the ongoing national debate over immigration enforcement, unanimously passing a resolution on September 2, 2025, to declare itself a "Fourth Amendment Workplace." The move, approved by a 6-0 vote of the Durham City Council, aims to shield city workers and residents from what local leaders describe as "unconstitutional" raids and arrests conducted by U.S. Immigration and Customs Enforcement (ICE).
The resolution, as reported by The Chronicle and The Duke Chronicle, 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 against unreasonable searches and seizures and requires that warrants be issued only with probable cause of a crime. City leaders argue that recent ICE actions have violated these protections, particularly in communities of color and among immigrants.
The catalyst for the resolution came in July 2025, when four ICE agents in plain clothes appeared at the Durham County Courthouse. Their objective: to detain an undocumented individual facing a felony charge for domestic violence. No arrests were ultimately made, as the individual did not appear for his scheduled court date, but the agents' presence sent shockwaves through the city. According to WRAL, residents immediately organized a demonstration to protest what they viewed as an overreach by federal authorities. The incident "instilled widespread fear and uncertainty," said Durham Mayor Leo Williams in a statement following the event.
"Our residents witnessed ICE agents in our community, instilling widespread fear and uncertainty," Williams reiterated at the council meeting, according to The Chronicle. "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." The mayor's words struck a chord with many, especially among Durham's large immigrant population.
At the council meeting where the resolution was passed, the atmosphere was charged with emotion. Several migrants and their families spoke in favor of the measure, sharing deeply personal stories about the anxiety and fear that pervade their daily lives. "I have seen too many children in our community carrying deep fear, unable to sleep, not wanting to go to school," said one woman, identified by The Chronicle as the daughter of immigrant parents. "No child should live with that kind of anxiety."
The city's move comes amid a broader national context of heightened immigration enforcement and debate over local cooperation with federal authorities. In February 2025, ICE arrested 11 undocumented individuals in Durham, sparking further concern among residents about the safety of their families. The threat of "unconstitutional seizure," as highlighted in the resolution, has made many migrants in Durham wary of engaging in public life, including seeking employment or education, for fear of being targeted by federal agents.
Elise Ballan, chair of the Durham Workers' Rights Commission, was among those who spoke passionately in support of the resolution. "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 a country they have no ties to," Ballan stated, as reported by The Chronicle. Her remarks underscored the sense of vulnerability felt by many in the community.
The Durham City Council's resolution also includes a call for effective training on Fourth Amendment rights for all city departments—a move designed to ensure that city employees are equipped to recognize and resist unconstitutional searches or seizures. The Council emphasized that Durham can "serve as an example of how local government can advocate for the rights of all residents," and hopes to discourage what it sees as the overreach of federal agencies in local communities.
Durham is not alone in its efforts. The nearby town of Carrboro became the first municipality in North Carolina to adopt a "Fourth Amendment Workplace" resolution in May 2025, setting a precedent that Durham has now followed. These actions place both cities at the forefront of a growing movement among local governments to assert their authority in protecting residents' constitutional rights, even as federal and state policies push in the opposite direction.
The tension between local and federal authorities in North Carolina has been escalating. In April 2025, the federal government accused Durham of being a "sanctuary" community for allegedly failing to cooperate with immigration officials. Local leaders, however, have flatly denied this characterization, with The Chronicle reporting that officials called the "sanctuary" label "without legal or factual basis." The debate intensified further in 2024 when the North Carolina General Assembly overrode Democratic Governor Josh Stein’s veto of a bill requiring sheriffs to cooperate with federal immigration enforcement. This legislative move has left local governments like Durham walking a legal tightrope as they seek to protect their residents while remaining within the bounds of state and federal law.
Mayor Pro Tempore Mark Anthony Middleton, speaking at a candidate forum earlier this month, made his position clear: "I would never back collaboration between Durham police and ICE," he stated, according to The Chronicle. Middleton's remarks reflect a broader sentiment among Durham’s leadership that local law enforcement should not be co-opted into federal immigration operations, a stance that has drawn both praise and criticism from various quarters.
Not everyone is in agreement about the best way forward. While supporters of the resolution argue that it is a necessary step to protect vulnerable members of the community and uphold constitutional rights, critics contend that such measures could hinder law enforcement and undermine the rule of law. The debate is further complicated by the fact that the resolution, while symbolically powerful, does not have the legal authority to prevent federal agents from operating in Durham. As Mayor Williams acknowledged, "local leaders cannot legally override the federal government’s use and weaponization of ICE."
Still, for many in Durham, the resolution represents an important statement of values and a commitment to standing with those who feel most at risk. The Council’s action has been hailed by immigrant rights advocates as a model for other cities grappling with similar challenges. As Durham joins Carrboro in adopting a "Fourth Amendment Workplace" stance, the eyes of the state—and perhaps the nation—are watching to see what comes next.
As the legal and political landscape around immigration continues to shift, Durham’s bold declaration serves as both a shield and a signal: a shield for those who fear unjust detention, and a signal to the rest of North Carolina that the fight over constitutional rights and local autonomy is far from over.
