Durham Becomes Fourth Amendment Workplace to Shield Immigrants from ICE Raids

On Tuesday, the Durham City Council passed an unprecedented resolution designating the city as a ‘Fourth Amendment Workplace,’ a term rooted in constitutional protections against unreasonable federal immigration enforcement. The decision was made in response to a recent ICE raid at the Durham County Courthouse, where four agents in plain clothes detained an undocumented immigrant facing a felony charge for domestic violence. Although no arrests were made, the incident sparked widespread fear and anxiety among residents, prompting the city’s leaders to take action to safeguard their community’s civil liberties.

The resolution, adopted with a unanimous vote, instructs Durham’s city staff to ‘uphold the 4th amendment at their workplace and city agencies’ and report any barriers to effective training on the amendment to the council. The measure explicitly rejects the use of ICE’s ‘unconstitutional seizure’ tactics to target undocumented individuals, emphasizing that such actions have prevented migrants from freely participating in public life, including pursuing employment and education. Supporters argue that the Fourth Amendment’s protections are essential for ensuring that all residents, regardless of immigration status, can access critical services without fear of arbitrary detention.

Mayor Leo Williams, who endorsed the resolution, stated that while local officials cannot override federal immigration enforcement, they can ‘stand in strategic solidarity with our neighbors.’ This sentiment is echoed by the city’s immigrant advocacy groups, which have long pushed for stronger protections for undocumented residents. At the council meeting, several migrants and their families shared their experiences, highlighting the daily anxieties faced by those living in the shadows of immigration policies. ‘The Trump administration’s mass deportation targets a completely manufactured panic surrounding immigrants,’ said Elise Ballan, chair of the Durham Workers’ Rights Commission. ‘Anyone who does not appear White, anyone who does not speak English, is at risk of abuse, abduction, and even deportation to a country they have no ties to.’

Durham is not the first city in North Carolina to adopt such a resolution. Carrboro became the first town to pass a Fourth Amendment Workplace resolution in May, signaling a growing trend of local governments resisting federal immigration enforcement. The city’s decision comes amid heightened tensions over immigration policies, with some federal officials accusing Durham of being a so-called ‘sanctuary’ community for allegedly failing to cooperate with immigration authorities. However, local leaders have denied the allegations, stating that the ‘sanctuary’ label has ‘no legal or factual basis.’

The resolution also reflects broader political dynamics in North Carolina, where the state government has taken steps to limit federal immigration enforcement. Last year, the North Carolina General Assembly overrode Democrat Gov. Josh Stein’s veto of a bill that forces sheriffs to cooperate with federal immigration efforts. This legislative action has further fueled debates over the balance between state and federal authority in immigration matters, with local officials asserting their right to protect the rights of all residents.

As Durham solidifies its position as a protector of immigrant rights, the city faces ongoing challenges in navigating its relationship with federal agencies. The resolution’s success will depend on the implementation of its provisions, including training for city staff and the enforcement of protections against ICE raids. For now, the decision underscores a growing resistance to what activists view as the criminalization of immigration, particularly in a state where the political landscape remains deeply divided on the issue.