Beginning May 11, 2008, about one hundred million Americans might not be able to use their driver’s license to prove their identity when traveling on domestic commercial flights. If you hold a driver’s licenses or state-issued identification cards issued by Maine, South Carolina, Montana, Oklahoma, and New Hampshire, you might be one of them. Those states’ legislatures have voted not to participate either because of privacy issues or because of the added costs to the states.
Eighteen other states and the District of Columbia have rejected the Real ID regulations on privacy and cost grounds or have not yet agreed to comply. The 18 states that have not yet decided whether or not they will participate include TX, LA, MS, TN, MO, GA, FL, NC, VA, WV, DC, MD, DE, NJ, CT, RI, MA, WI, and MI.
Beginning May 11, if your state has not agreed to comply with the Real ID Act or has not asked for an extension, you will experience delays going through security at airports.
Travelers from these “non-Real ID states” will have to undergo delays and “enhanced security screening,” in the words of TSA, unless they have a valid U.S. passport book or card. About 27% of Americans have a U.S. passport and many more have applied for the new passport card which can be used exclusively for crossing at land and sea border. Both the passport book and the passport card will be acceptable, in lieu of a driver’s license, for proving identity for airport security clearance for domestic flights. The passport card cannot be used for international flights.
There may be a last-minute compromise before the May 11 deadline, but neither the Bush administration nor the states have blinked yet. Any substantive changes would require a new law to be passed by Congress and that is unlikely.
The Department of Homeland Security says the law is clear: a federal agency may not accept, for any official purpose, a driver’s license or state-issued identification card unless the state is meeting the requirements of the law or has agreed to do so. Thus TSA, a federal agency, will not accept driver’s license from non-participating states.
DHS has published almost 300 pages of regulations that states must comply with. Homeland Security Secretary Michael Chertoff said that only criminals and terrorists should be “disappointed” with the Real ID rules.
DHS has offered states a five-year extension, until 2013, to issue the new cards, provided they agree to abide by Real ID regulations and submit a report describing its plans by May 11, 2008. Those that don’t will find their driver’s licenses disallowed at airports beginning May 11, 2008.
In the final rule released in January 2008, DHS extended the deadline a second time to December 1, 2017. Only states that can prove they are well on their way to implementing Real ID can qualify for the lengthiest deadline extension.
Here is the essence of the Real ID Legislation if you want to know the details
TITLE II–IMPROVED SECURITY FOR DRIVERS’ LICENSES AND PERSONAL IDENTIFICATION CARDS
SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR FEDERAL RECOGNITION
Beginning May 11, 2008, a Federal agency may not accept, for any official purpose, a driver’s license or identification card issued by a State to any person unless the State is meeting the requirements of this section.
To meet the requirements of this section, a State shall include, at a minimum, the following information and features on each driver’s license and identification card issued to a person by the State:
(1) The person’s full legal name.
(2) The person’s date of birth.
(3) The person’s gender.
(4) The person’s driver’s license or identification card number.
(5) A digital photograph of the person.
(6) The person’s address of principle residence.
(7) The person’s signature.
To meet the requirements of this section, a State shall require, at a minimum, presentation and verification of the following information before issuing a driver’s license or identification card to a person:
(1) A photo identity document, except that a non-photo identity document is acceptable if it includes both the person’s full legal name and date of birth.
(2) Documentation showing the person’s date of birth.
(3) Proof of the person’s social security account number or verification that the person is not eligible for a social security account number.
(4) Documentation showing the person’s name and address of principal residence.
SPECIAL REQUIREMENTS
A State shall require, before issuing a driver’s license or identification card to a person, valid documentary evidence that the person–
(i) is a citizen or national of the United States; or
(ii) is an alien lawfully admitted for permanent or temporary residence in the United States; or
(iii) has conditional permanent resident status in the United States; or
(iv) has an approved application for asylum in the United States or has entered into the United States in refugee status; or
(v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States; or
(vi) has a pending application for asylum in the United States; or
(vii) has a pending or approved application for temporary protected status in the United States; or
(viii) has an approved deferred action status; or
(ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.
You can see here your state’s position on the issuance of Real ID’s by clicking on your state on the map.
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