Durham passes 4th Amendment resolution to protect city workers from ICE

In response to ICE raids and arrests nationwide, the Durham City Council took a step Tuesday night it said will help protect city workers and declared itself a Fourth Amendment Workplace.

The Fourth Amendment to the U.S. Constitution guarantees “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures” without a warrant based on probable cause a crime has been committed.

The resolution was championed by SiembraNC, a grassroots group dedicated to informing people of their rights. Carrboro was the first town in the Triangle to pass a similar resolution, to “discourage federal overreach into local communities,” a news release stated.

The City Council’s unanimous decision comes two months after Immigration and Customs Enforcement agents were seen at the Durham County Courthouse waiting to arrest a man who missed a court appearance. The sightings sparked a protest and press conference by local officials.

During Tuesday’s council meeting, people speaking in English and Spanish shared concerns about the situation in their communities. Since President Donald Trump took office in January, North Carolina has seen a 170% spike in ICE detentions, with more than 2,000 people arrested, according to the Deportation Data Project. The fear has been especially high among immigrant communities of color, as people have been detained without pending criminal charges.

Elise Ballan, the chair of the Durham Workers’ Rights Commission, told the council the “manufactured panic” created by the Trump administration “puts anyone who does not appear white, anyone who does not speak English or has an accent, regardless of papers or immigration status, at risk of abuse, abduction, detention and even deportation.”

“We will all be safer the more workplaces in the city are Fourth Amendment workplaces,” Ballan said.

Sherlyn Medina, a member of the comunity organizing group Durham CAN, told the council that many people live in fear that a “simple trip to work, to school or to the grocery store will end in separation from our families.”

“Just the other day, I warned friends and families to avoid a Food Lion after we saw marked and unmarked police cars,” she said. “Even though the situation was likely unrelated to us, the fear was real, the panic immediate.”

What the resolution does

During the meeting, Councilwoman Javiera Caballero read the document aloud in both English and Spanish.

It states that Durham “has historically pursued equity and safety for all residents,” and that “the trust and cooperation of all residents is necessary to the effective operation of Durham’s local government functions.”

While the resolution doesn’t require private employers to adhere to the amendment, it does specify that all city departments will uphold the Fourth Amendment. How that will be enforced or what power the city has to bar ICE or federal agents from entering buildings and offices is unclear. The City Council didn’t discuss those details.

In April, Durham was included in a list of believed “sanctuary” cities shared by Sen. Thom Tillis, who said the county could lose federal funding for not cooperating with ICE.

Local governments can pass resolutions for different reasons, including to express an opinion of the board, according to a document from UNC’s School of Government. Some resolutions have legal effect and others don’t.

“A local government board has almost unlimited authority to say what it wants, as a board, about any subject,” the document explains. “When they want to weigh in, boards typically do so through a resolution.”

In this case, the Fourth Amendment Workplace Resolution directs city staff to take action to implement the amendment within city workplaces and agencies. It also instructs staff to “report back to Council any needs or barriers to effective training on the 4th Amendment for any departments.”

Councilwoman Chelsea Cook acknowledged the council’s limitations but said the resolution demonstrates the city’s values.

Councilman Mark-Anthony Middleton noted the potential risks, saying, “we should not be surprised if elected officials start getting arrested or continue to get arrested for actions as simple as a resolution.”

This story was originally published September 3, 2025 at 4:15 PM.

Kristen Johnson

The News & Observer

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Kristen Johnson is a local government reporter covering Durham for The News & Observer. She previously covered Cary and western Wake County. Prior to coming home to the Triangle, she reported for The Fayetteville Observer and spent time covering politics and culture in Washington, D.C. She is an alumna of UNC at Charlotte and American University.