Durham City Council Takes Bold Stand for Immigrant Rights with Fourth Amendment Workplace Resolution
In a decisive move reflecting Durham’s commitment to equity and safety for all residents, the City Council unanimously passed a resolution on Tuesday establishing Durham as a “Fourth Amendment Workplace.” This significant policy shift aims to strengthen protections for city workers against potential U.S. Immigration and Customs Enforcement (ICE) raids and arrests. The resolution, which builds upon the constitutional protection against arbitrary searches and seizures, directs city staff to uphold Fourth Amendment principles in their workplaces and report any barriers to effective training on these protections. The Council’s action acknowledges that the threat of “unconstitutional seizure” has prevented immigrants in Durham from safely participating in public life, including pursuing employment and education opportunities that all residents should freely access.
The resolution comes in response to growing concerns about immigration enforcement in Durham, particularly after an incident less than two months ago when four plainclothes ICE agents appeared at the Durham County Courthouse seeking to detain an undocumented individual facing felony charges. Though no arrests were made, the presence of these federal agents sent shockwaves through the community, prompting Durham residents to organize a peaceful demonstration and march from the courthouse in protest. Durham Mayor Leo Williams addressed the incident directly, stating, “Our residents witnessed ICE agents in our community, instilling widespread fear and uncertainty.” The mayor acknowledged the limitations of local authority in the face of federal immigration enforcement but emphasized that city leadership can and must “stand in strategic solidarity with our neighbors” during these challenging times.
Council member Javiera Caballero introduced the Fourth Amendment Workplace resolution with support from Siembra NC, an organization dedicated to supporting Latino immigrant workers throughout North Carolina. This same organization previously rallied behind Duke bus driver Luis Alonso Juárez, who faces the risk of losing his legal status in the United States after the Trump administration ended Temporary Protected Status for Hondurans. Durham joins Carrboro as only the second city in the Triangle region to enact such protections, marking a growing regional response to immigration enforcement concerns. The resolution garnered substantial community support during the council meeting, with numerous Durham residents speaking in favor of strengthened protections for immigrant community members.
Elise Ballan, chair of the Durham Workers’ Rights Commission, articulated the city’s values at the council meeting, 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.” Her powerful statement underscored the broad implications of immigration enforcement that extends beyond legal status to affect community members based on racial and linguistic profiling. The meeting also featured emotional testimonies from immigrants and their families, who shared personal stories about the anxieties they face in their day-to-day lives due to the threat of immigration enforcement.
The resolution represents a significant victory for community advocates who have been working tirelessly to address ICE presence in Durham, particularly following a February incident when U.S. Customs and Border Protection officers arrested 11 Durham residents identified as “illegal aliens” under unclear warrant circumstances. This enforcement action intensified concerns among Durham residents with immigrant backgrounds, many of whom turned to advocacy hotlines and local organizations like Siembra NC for support during a time of heightened uncertainty. Adding to these tensions, Durham was designated a “sanctuary county” in April by the Department of Health and Homeland Security, a label that county officials firmly rejected as having “no legal or factual basis,” highlighting the ongoing tensions between local governance and federal immigration policies.
The Council’s action occurs against a backdrop of complex state politics regarding immigration enforcement. The North Carolina General Assembly recently overrode Governor Josh Stein’s veto of House Bill 10, controversial legislation directing local sheriffs to comply with federal immigration agents. In contrast to this state-level move, Durham’s leadership has taken a different stance, with Mayor Pro Tempore Mark Anthony Middleton stating at an August candidate forum that he would never support Durham Police Department collaborating with ICE “in any fashion.” As the resolution takes effect, community members have expressed a desire for the city to commit to comprehensive training for city staff to ensure they understand and can properly uphold the protections established by the Fourth Amendment Workplace status. This training component will be crucial to translating the Council’s principled stand into practical protections for vulnerable community members as Durham continues its tradition of pursuing equity and safety for all residents regardless of immigration status.
