Durham's City Council unanimously approved a resolution on Tuesday declaring the city a "Fourth Amendment Workplace," a move aimed at bolstering protections for city employees and immigrant residents targeted by U.S. Immigration and Customs Enforcement.
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," according to the text. It instructs municipal employees to resist aiding or facilitating federal immigration enforcement actions in ways that could lead to warrants or arrests without probable cause.
The resolution frames the policy as part of a broader effort to preserve trust between city government and residents, saying Durham has "historically pursued equity and safety for all residents" and that fear of "unconstitutional seizure" has deterred immigrants from engaging in public life, including seeking employment and education.
City officials cited a recent incident as context for the action: less than two months ago, four ICE agents appeared at the Durham County Courthouse to detain an undocumented individual who was charged with a felony. The council's measure follows that appearance and seeks to limit the role city staff and agencies play in immigration enforcement within city workplaces.
Legal protections under the Fourth Amendment generally bar unreasonable searches and seizures and require warrants supported by probable cause before a person may be lawfully detained. The Durham resolution calls for training city departments on how to apply those protections in workplace settings and for staff to report any obstacles that prevent effective training or adherence to the policy.
Council members described the resolution as practical guidance rather than a change in federal law, emphasizing municipal responsibilities to protect residents' civil liberties while continuing core city functions. The vote was unanimous.
The resolution does not, and cannot under federal supremacy principles, prevent federal law enforcement from carrying out enforcement actions authorized by federal courts or statutes, nor does it change the legal standards that govern ICE operations. City officials said they will monitor implementation and return to the council with reports on training needs and any impediments identified by departments.
Advocates for immigrant rights praised the measure as a step to reduce barriers to accessing city services and engaging with public life. Supporters said clearer guidance for staff could help ensure that municipal interactions with residents do not unintentionally expose individuals to immigration enforcement.
Opponents of sanctuary-style policies nationally have argued such measures can create legal tension between local and federal authorities, but the Durham resolution focuses on internal city policies and training rather than on obstructing federal agents.
City staff will begin developing and delivering department-level training and will compile a report for the council on any legal or operational barriers encountered, the resolution states. The council did not set a firm deadline for the report, saying only that staff should notify the council of obstacles to effective training as they are identified.