The Durham City Council voted unanimously on Sept. 2 to declare the city a “Fourth Amendment Workplace.” Supporters frame the move as a stand for constitutional rights. Critics, however, argue the policy is little more than a sanctuary-style gesture designed to obstruct federal immigration enforcement.
The resolution, introduced by Council Member Javiera Caballero, directs city staff not to cooperate with federal agents, including Immigration and Customs Enforcement (ICE), unless presented with a judicial warrant. While city leaders insist they are upholding the Constitution, opponents contend the measure sends a clear message: Durham’s resolution intends to shield illegal immigrants from federal law.
“The references to ‘trust and cooperation’ by ‘all residents’ in government functions strike me as ironic, given that the resolutions seemed to foster an active mistrust in law enforcement, at least at the federal level,” said Jeanette Doran, president of the NC Center for Constitutional Law. “In both resolutions [the Durham one and an earlier one in Carrboro], the local government resolutions repeatedly reference constitutional violations and unconstitutional searches, but they do not cite a specific court case. Rather, these cities rely on conclusory allegations and vague descriptions likely to foment fear. Courts, not city councils, determine whether law enforcement conduct violates the Fourth Amendment. And they do so based on evidence and the rule of law, not rumor and fear-mongering.”…