Durham, North Carolina, has made national headlines after its City Council unanimously voted on September 2, 2025, to declare the city a "Fourth Amendment Workplace." This move, the second of its kind in the Triangle after Carrboro, is aimed squarely at shielding city workers—and, by extension, the broader immigrant community—from warrantless raids and arrests by federal Immigration and Customs Enforcement (ICE) agents. The decision comes at a tense moment, following a visible ICE presence at the Durham County Courthouse in July and amid a nationwide climate of heightened immigration enforcement.
At the heart of the resolution is a reaffirmation of the Fourth Amendment, the constitutional protection against unreasonable searches and seizures. As reported by WTVD, Mayor Leonardo Williams was clear about the city’s intentions: “We are making sure that we are standing up for the law. And you can’t be selective on that.” Williams insisted that due process must be upheld for everyone, regardless of their immigration status. “Everyone deserves due process, even in the justice system. And what we want to make sure that we are doing is follow the action following the actual Constitution, following the law,” he said. The city’s new stance, he explained, is not about obstructing ICE, but about ensuring the Constitution is respected within city workplaces.
The resolution specifically instructs city staff to uphold the Fourth Amendment in all city agencies and to report back to the Council on any barriers to effective training regarding these protections. According to the Duke Chronicle and BizPac Review, this means that federal immigration authorities cannot simply enter city buildings and detain individuals without a warrant. The measure, however, is largely symbolic, as local officials acknowledge they cannot prevent federal agents from carrying out their duties. “We do not have any jurisdiction over ICE, but what we can do is make sure that we exercise our First Amendment rights, and there’s nothing illegal about that, and damn it, we’re going to keep doing it,” Williams said, as quoted by WTVD.
This bold step was prompted by growing anxiety within Durham’s immigrant community. In July, four ICE agents arrived at the Durham County Courthouse to arrest an individual charged with a violent felony. The incident sparked protests and heightened fears among local residents, many of whom worried about the safety and security of their families. According to WTVD, these anxieties have begun to spill over into other sectors, including healthcare. At a recent workshop, Hispanic community leaders reported that fears over immigration status are deterring people from seeking necessary medical care. Pilar Rocha-Goldberg of El Centro Hispano noted, “That was one of the topics of one of the panels, asking some of the providers if they’ve seen that less people are coming for the services. And the response was, yes, because of the fear of what is going on, and also the fear, all the information we share with the government and all those issues we are seeing.”
The Fourth Amendment Workplace resolution has been championed by grassroots organizations like Siembra NC, which has worked to educate workers about their constitutional rights. Siembra NC celebrated the council’s decision, encouraging other businesses and towns to follow suit. In a social media post, the group said, “The City of Durham joins Carrboro and the over 200 businesses across the state that have become 4th Amendment Workplaces! On Tuesday, City Council voted unanimously to stand up against federal overreach in their workplace and called on businesses to join the effort.” To mark the occasion, Siembra NC organized a community celebration on September 6, inviting residents to learn more about their rights and how to protect themselves from federal overreach.
Durham’s move is part of a broader pushback against what many local leaders view as an escalation in federal immigration enforcement under President Donald Trump’s administration. As reported by Breitbart News and WTVD, North Carolina has seen a 170% spike in ICE detentions since January 2025, with more than 2,000 people arrested statewide. The Deportation Data Project notes that many of those detained had no pending criminal charges, heightening concerns in immigrant communities of color. Elise Ballan, chair of the Durham Workers’ Rights Commission, addressed the council, stating, “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.”
Not everyone is supportive of Durham’s stance. Critics argue that the Fourth Amendment’s protections are intended for citizens, not undocumented immigrants, and some have called for federal intervention. As BizPac Review reported, social media posts from opponents have urged ICE and even the military to intervene, reflecting the deep political divide over immigration policy. Some right-leaning voices have accused city leaders of prioritizing the protection of undocumented immigrants over public safety, pointing to Durham’s crime rate and the recent arrest of individuals with criminal records.
City officials, however, maintain that the resolution is about upholding the Constitution for all residents and building trust within the community. The text of the resolution, as read aloud by Councilwoman Javiera Caballero in both English and Spanish, asserts that Durham “has historically pursued equity and safety for all residents,” and that “the trust and cooperation of all residents is necessary to the effective operation of Durham’s local government functions.” Councilwoman Chelsea Cook acknowledged the council’s limitations but emphasized that the resolution demonstrates the city’s values. Councilman Mark-Anthony Middleton warned of potential risks, remarking, “we should not be surprised if elected officials start getting arrested or continue to get arrested for actions as simple as a resolution.”
The legal impact of the resolution remains somewhat ambiguous. As WTVD and the Duke Chronicle noted, local governments often pass resolutions to express their values or opinions, even if those resolutions do not carry direct legal weight. The Fourth Amendment Workplace resolution does not require private employers to comply, nor does it grant the city the power to bar federal agents from city buildings. Instead, it represents a symbolic stand—one that many hope will inspire other municipalities and businesses to take similar steps in defense of constitutional rights and community trust.
As Durham’s immigrant community and its allies prepare to celebrate this victory, the city’s leaders remain resolute in their commitment to due process and constitutional protections. Whether this resolution will have a lasting impact on federal immigration enforcement remains to be seen, but for many in Durham, it is a clear signal that their city stands with them in uncertain times.
