Durham City Council Strengthens Protections for Immigrants with Fourth Amendment Resolution
In a move aimed at shielding immigrant workers from federal immigration enforcement actions, the Durham City Council has unanimously passed a resolution declaring the city a “Fourth Amendment Workplace.” This measure, approved on Tuesday, represents a significant step in how the North Carolina city approaches the protection of all residents, regardless of immigration status.
The resolution instructs city staff to uphold Fourth Amendment principles in their workplaces and city agencies, with particular emphasis on preventing “unconstitutional seizure” that has reportedly hindered many migrants from safely participating in public life, including pursuing employment and education. The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures, requiring law enforcement to obtain warrants based on probable cause before detaining individuals or seizing property. By invoking this constitutional protection, Durham officials hope to create a more secure environment for all residents while maintaining that the city has “historically pursued equity and safety” for everyone in the community. Mayor Leo Williams has emphasized that while local leaders cannot legally override federal immigration enforcement, they can “stand in strategic solidarity” with vulnerable neighbors.
The resolution comes in response to a July incident where four plain-clothes ICE agents unexpectedly appeared at the Durham County Courthouse to detain an undocumented immigrant facing a domestic violence charge. Though no arrest was made because the individual didn’t appear in court that day, the incident sparked widespread fear in the community and prompted a demonstration against ICE operations. Durham County Board of Commissioners Chair Nida Allam participated in the protest, stating that courthouses “should be a place where people can seek justice, not where they’re hunted down by federal agents.” The July courthouse incident is not isolated—in February, ICE arrested eleven people in Durham who were in the country illegally, heightening concerns among residents about family safety.
During the council meeting where the resolution passed, numerous immigrants and their families spoke in favor of the measure, sharing personal stories about the anxiety they experience in their daily lives. Elise Ballan, chair of the Durham Workers’ Rights Commission, criticized what she described as the “Trump administration’s mass deportation” agenda, arguing it creates a “completely manufactured panic surrounding immigrants” that puts at risk anyone who doesn’t appear white, doesn’t speak English, or speaks with an accent—regardless of their documentation status. With this resolution, Durham joins Carrboro as the second North Carolina municipality to adopt Fourth Amendment Workplace protections, with Carrboro having passed a similar measure in May.
The city’s stance on immigration has previously drawn federal attention. In April, the federal government labeled Durham a “sanctuary” community, alleging failure to cooperate with immigration officials—a characterization local officials have disputed as having “no legal or factual basis.” This resolution also comes against the backdrop of state-level tensions, as last year the North Carolina General Assembly overrode Democratic Governor Josh Stein’s veto of legislation requiring sheriffs to cooperate with federal immigration efforts. The contrast between state and local approaches highlights the ongoing political and social tensions surrounding immigration enforcement in North Carolina and nationwide.
At its core, Durham’s Fourth Amendment Workplace resolution reflects a city grappling with how to protect all its residents while navigating the complex interplay between local governance and federal immigration policy. Mayor Pro Tempore Mark Anthony Middleton recently affirmed at a candidate forum that he would never support collaboration between Durham police and ICE, underscoring the city leadership’s commitment to this position. As communities across the country face similar challenges, Durham’s approach represents one city’s attempt to use constitutional principles to create what it sees as a more just and inclusive community—one where trust between residents and local government can flourish even amid national debates about immigration enforcement.
