Durham, North Carolina Declares Itself a 'Fourth Amendment Workplace' to Protect Immigrants from ICE

What happens when a city decides to stand up to federal immigration enforcement? In a bold move that has garnered national attention, the Durham City Council in North Carolina unanimously passed a resolution on September 2, 2025, declaring the city a "Fourth Amendment Workplace." This decision aims to protect undocumented workers from Immigration and Customs Enforcement (ICE) raids and arrests, emphasizing the city's commitment to upholding constitutional rights.

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What Does Being a 'Fourth Amendment Workplace' Mean?

The Fourth Amendment to the U.S. Constitution safeguards individuals against unreasonable searches and seizures, requiring any government action to detain or arrest to be supported by probable cause and authorized by a warrant. By declaring itself a "Fourth Amendment Workplace," Durham is reinforcing its dedication to these protections, particularly for immigrant workers who may fear unjust detention or deportation.

The resolution directs city staff to uphold these rights and report any barriers to effective training on the Fourth Amendment for city agencies. It also emphasizes that the threat of "unconstitutional seizure" has prevented immigrants in Durham from "safely engaging in public life, including pursuing employment and education" AP News.

Why Now? The Catalyst Behind the Resolution

The resolution comes in response to increasing fears within the immigrant community, particularly following a July incident where four ICE agents in plain clothes appeared at the Durham County Courthouse to detain an undocumented individual facing felony charges. Although no arrests were made, the presence of ICE agents instilled widespread fear and uncertainty among residents and city officials alike AP News.

Mayor Leo Williams expressed that while local leaders cannot legally override federal immigration enforcement, they can choose to stand in solidarity with their neighbors. The resolution aims to build trust within the community, ensuring that all residents, regardless of immigration status, feel safe and supported.

Community Response: Voices from the Ground

The resolution has garnered support from various community members and organizations. Elise Ballan, chair of the Durham Workers' Rights Commission, highlighted the importance of protecting immigrants from fear-based exploitation and fostering a community where everyone can contribute without fear of unjust treatment AP News.

Additionally, immigrant advocacy group Siembra NC has been instrumental in promoting the "Fourth Amendment Workplace" initiative, encouraging local businesses to inform their staff about constitutional rights and prepare for potential encounters with federal agents INDY Week.

Broader Implications: A Model for Other Cities?

Durham joins Carrboro as the second city in North Carolina to adopt a "Fourth Amendment Workplace" resolution. This movement reflects a growing trend of localities reexamining their roles in immigration enforcement and asserting their commitment to constitutional protections. By focusing on the Fourth Amendment, Durham is setting a precedent for other municipalities to consider how they can uphold the rights of all residents, balancing federal mandates with local commitments to justice and equity.