City declares itself a 'Fourth Amendment Workplace' in response to ICE raids in North Carolina
In a unanimous vote on Tuesday, the Durham City Council approved a resolution aimed at increasing protections for city workers and advocating for the rights of all residents. The measure, which was supported by several residents who attended the council meeting, was declared by Mayor Elaine O'Neal as making Durham a "Fourth Amendment Workplace."
The resolution, which passed with a 6-0 vote according to the Council's agenda, directs city staff to uphold the principles of the Fourth Amendment at their workplace and city agencies. The Fourth Amendment protects people against unreasonable searches and seizures, and requires warrants with probable cause of a crime before seizing a person or property.
Recent accusations against U.S. Immigration and Customs Enforcement (ICE) have raised concerns within the city. Agencies, including ICE, have been accused of engaging in a pattern of unconstitutional, warrantless workplace searches. The Council described ICE raids and arrests as "unconstitutional," and the presence of ICE agents at the Durham County Courthouse to detain an undocumented individual charged with felony "sounded alarms" throughout the city.
The Council stated that the city can serve as an example of how local government can advocate for the rights of all residents and discourage the overreach of Article II agencies in their communities. The resolution also requires city staff to report back to the Council any barriers to effective training on the Fourth Amendment for any departments.
Elise Ballan, who is the chair of the Durham Workers' Rights commission, supported the vote. She stated that second-generation and non-immigrant Black, Indigenous, and People of Color families are being targeted, harassed, and arrested by Federal authorities under the guise of immigration enforcement.
The city of Durham's stance as a Fourth Amendment Workplace serves as a reminder of the importance of upholding constitutional rights and protecting all residents from unconstitutional practices. The Council's resolution is a step towards creating a safer and more inclusive community for everyone.
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