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North Carolina city labels itself a ‘Fourth Amendment Workplace’ in reaction to ICE raids

North Carolina city labels itself a 'Fourth Amendment Workplace' in reaction to ICE raids

Durham City Council Enhances Worker Protections

On Tuesday, the Durham City Council unanimously approved a resolution aimed at bolstering protections for city employees against potential actions by U.S. immigration and customs enforcement.

The resolution builds on the Fourth Amendment, which safeguards individuals against unreasonable searches and arrests, laying the groundwork for search warrants based on probable cause. It instructs city staff to prioritize adherence to the Fourth Amendment in the workplace and to highlight any obstacles to effective training across all city sectors.

The council emphasized its historical commitment to fairness and security for all residents, noting that building trust within the community is vital. It expressed concerns that fear of “unconstitutional” practices could hinder immigrants from engaging fully in public life, whether in job searches or educational pursuits.

This decision comes shortly after four ICE agents were spotted at Durham County Court, attempting to detain an undocumented individual charged with a felony, which raised alarm among locals as agents in plain clothes took action without any arrests.

“Our residents have seen ICE agents in the community, which has caused a lot of fear and uncertainty,” said Mayor Leo Williams. While acknowledging that local leaders cannot legally curb federal enforcement, he stressed their ability to stand in solidarity with their community. Coinciding with the council meeting, demonstrations took place advocating against immigration enforcement outside the courthouse.

Council member Javiera Caballero introduced the workplace resolution, with support from Siembra NC, a group advocating for Latino migrant workers. They notably organized a rally for Luis Alonso Juarez, a Duke University bus driver facing the risk of losing his legal status following the discontinuation of Honduras’ temporary protected status under the previous administration.

With this resolution, Durham joins the ranks of cities taking similar actions; Carrboro was the first in the triangle to adopt a similar workplace resolution back in May.

During the meeting, numerous residents voiced their support for migrant protections, highlighting the city’s diversity and the impact of immigration policies. Many expressed concerns about the atmosphere of anxiety that has arisen from recent immigration enforcement actions.

In February, 11 individuals in Durham were arrested by U.S. customs and border guards on allegations of being “illegal aliens,” raising additional worries among the local immigrant community about their families’ safety. Many residents are turning to advocacy groups for support amidst this climate.

In April, the Department of Health and Homeland Security labeled Durham a “sanctuary county,” citing its failure to cooperate with federal immigration enforcement. However, local officials have contested this designation, claiming it lacks any legal basis.

Furthermore, the North Carolina General Assembly recently overrode Governor Josh Stein’s veto of House Bill 10, which mandates local sheriffs to cooperate with federal immigration authorities. During a candidates’ forum on August 31, Protempore Mark Anthony Middleton made it clear that he opposes any collaboration between the Durham Police Department and ICE.

At the council meeting, several speakers expressed the need for ongoing training for city staff to uphold the protections outlined in the Fourth Amendment workplace resolution.

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