Durham Declares Itself a ‘Fourth Amendment Workplace’ to Protect City Employees from ICE Raids
In a unanimous vote Tuesday, the Durham City Council approved a resolution designating the North Carolina city as a “Fourth Amendment Workplace,” aimed at bolstering protections for city employees against raids and arrests by U.S. Immigration and Customs Enforcement (ICE).
The Fourth Amendment safeguards citizens from arbitrary searches and arrests and underpins the legal requirement for search warrants based on probable cause. The resolution instructs city staff to “uphold the 4th Amendment at their workplace and city agencies” and to report any obstacles to effective Fourth Amendment training to the Council.
The resolution emphasizes that Durham has “historically pursued equity and safety for all residents” and that maintaining the trust of local residents is vital to city operations. It notes that the threat of “unconstitutional seizure” has hindered immigrants in Durham from fully participating in public life, including employment and education.
The resolution comes less than two months after four ICE agents appeared at the Durham County Courthouse to detain an undocumented individual facing felony charges. Although the officers, dressed in plain clothes, did not make any arrests, their presence sparked concern among residents and city leaders.
“Our residents witnessed ICE agents in our community, instilling widespread fear and uncertainty,” said Durham Mayor Leo Williams. “While local leaders cannot legally override the federal government’s use of ICE, we can and must stand in strategic solidarity with our neighbors.”
On the same day, Durham residents organized a peaceful demonstration and march from the courthouse to protest immigration enforcement.
The Fourth Amendment Workplace resolution was introduced by Council Member Javiera Caballero and supported by Siembra NC, an organization advocating for Latino immigrant workers across North Carolina. Siembra NC also organized a rally for Duke bus driver Luis Alonso Juárez, who faces the possible loss of his legal status in the U.S. after the Trump administration ended Temporary Protected Status for Hondurans.
Durham becomes the second city in the region to pass such a resolution, following Carrboro, which enacted its Fourth Amendment Workplace resolution in May.
At the council meeting, several Durham residents spoke in favor of the resolution and the additional protections it provides to immigrant communities.
“Durham celebrates a rich diversity of residents, and we understand that the Trump administration’s mass deportation targets a completely manufactured panic surrounding immigrants,” said Elise Ballan, chair of the Durham Workers’ Rights Commission. “It puts anyone who does not appear white, anyone who does not speak English or has an accent, and anyone regardless of papers or immigration status at risk of abuse, abduction, and even deportation to a country they have no ties to.”
Several immigrants and their families also spoke in support of the resolution, sharing personal stories of the anxieties they face in their daily lives.
The passage of the resolution is seen as a significant victory for the Durham community in its efforts to limit ICE presence and protect immigrant residents.
North Carolina Gov. Josh Stein addresses the media during an event in Raleigh, N.C., on Tuesday, Sept. 2, 2025.
In February, U.S. Customs and Border Protection officers arrested 11 Durham residents identified as “illegal aliens.” It was unclear whether the detainees were subject to search warrants. Many Durham residents with immigrant backgrounds expressed concern for the safety of their family members and turned to advocacy hotlines and local organizations, such as Siembra NC, for support.
In April, Durham was labeled a “sanctuary county” by the Department of Health and Homeland Security for allegedly failing to cooperate with federal immigration enforcement. County officials have since rejected the designation, stating that it has “no legal or factual basis.”
The North Carolina General Assembly overrode Governor Josh Stein’s veto of the controversial House Bill 10, which requires local sheriffs to cooperate with federal immigration agents. During an August 31 candidate forum, Mayor Pro Tempore Mark Anthony Middleton stated that he would never support any collaboration between the Durham Police Department and ICE.
