In a unanimous vote Tuesday, Durham City Council passed a resolution to make the North Carolina city a “Fourth Amendment Workplace,” increasing protections for city workers against U.S. Immigration and Customs Enforcement raids and arrests.
The Fourth Amendment protects citizens against arbitrary searches and arrests and serves as the basis of search warrants with a probable cause of crime. The resolution 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 resolution says the city has “historically pursued equity and safety for all residents” and the trust of Durhamites is essential to the city carrying out its operations. It says the threat of “unconstitutional seizure” has prevented immigrants in Durham from “safely engaging in public life, including pursuing employment and education.”
The move comes less than two months after four ICE agents appeared at the Durham County Courthouse to detain an undocumented individual charged with felony. The officers donning plain clothes did not arrest anyone, but their presence sounded alarms among Durham residents and council members alike.
“Our residents witnessed ICE agents in our community, instilling widespread fear and uncertainty,” Mayor of Durham Leo Williams said of the event. “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.” That same day, Durhamites organized a peaceful demonstration and march from the Durham County Courthouse against immigration enforcement.
The Fourth Amendment Workplace resolution was introduced by council member Javiera Caballero and supported by Siembra NC, an organization that supports Latino immigrant workers across North Carolina. Notably, Siembra NC also organized the rally for Duke bus driver Luis Alonso Juárez, who is at risk of losing his legal status in the U.S. after the Trump administration ended Temporary Protected Status for Hondurans.
Durham is the second city to pass such a resolution, with Carrboro being the first in the Triangle to enact a Fourth Amendment Workplace resolution in May.
At the council meeting, various Durhamites spoke in support of the increased protections to immigrants.
“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,” said Elise Ballan, chair of the Durham Workers’ Rights commission.
Several immigrants and their families spoke in favor of the resolution, sharing stories of their anxieties in day-to-day life.
The passage of the resolution marks a win in the Durham community’s efforts against ICE presence in the city.
In February, U.S. Customs and Border Protection officers arrested 11 Durham residents they identified as “illegal aliens.” It was not clear whether the 11 detainees had search warrants against them. Durham residents with immigrant backgrounds said they were concerned about the safety of their family members and resorted to advocacy hotlines and local community organizations like Siembra NC for support.
Durham was listed a “sanctuary county” in April by the Department of Health and Homeland Security for allegedly failing to cooperate with federal immigration enforcement. County officials have since rejected that label and said the designation had “no legal or factual basis.”
The North Carolina General Assembly overrode Governor Josh Stein’s veto of the controversial House Bill 10, which directs local sheriffs to comply with federal immigration agents. In an Aug. 31 candidate forum, Mayor Pro Tempore Mark Anthony Middleton said that he would never support Durham Police Department collaborating with ICE in any fashion.
Speakers at the city council meeting expressed a desire for the city to commit to training city staff to uphold the protections put in place by the Fourth Amendment Workplace status.
