REAL ID

Since its inception, the REAL ID Act has generated a fair amount of confusion―and controversy. Since the Act will eventually have a far-reaching impact, let's take a closer look at the matter.

Why REAL ID?

In response to terrorist attacks, the 9/11 Commission suggested the United States make some major adjustments in the way the country issues secure identification documents. Congress responded to this declaration by passing The REAL ID Act of 2005. Aimed at helping to prevent terrorism, the Department of Homeland Security (DHS) stated that this nationwide effort will “reduce fraud, and improve the reliability and accuracy of identification documents that state governments issue.”

The biggest impact of the Act that U.S. citizens will see directly involves two main sources of identification: the driver’s license and the state ID card.

Nuts and Bolts of the REAL ID Act

The REAL ID Act mandates that each state issues driver's licenses or state ID cards only to people who can prove either U.S. citizenship or legal alien status by showing proper identification. These identification documents include a certified birth certificate, Social Security card, or passport. Furthermore, each state must digitize the verified ID documents and keep them on file for seven to 10 years, along with digital photos of the document holders. Each state must keep an individual's personal information in a database that motor vehicle departments across the country could access.

In addition, all American drivers would need to have a REAL ID-compliant license by either December 1, 2014 or December 1, 2017, depending on the age of the driver. Those without the new document would need to show a passport or other federally approved ID in order to travel by airplane or enter a federal building.

The REAL ID Act doesn't call for a national ID card. In fact, many states already have the required driver information on file to meet the proposed REAL ID regulations.

The Seeds of Controversy

From its inception, the REAL ID Act has sparked opposition. Some suggest that the Act's author, Wisconsin Congressman James Sensenbrenner, buried the proposal as a rider in a military spending bill during the early stages of the Iraq War. With the 9/11 images fresh on the American conscience, the bill passed easily. Opponents of the Act claim that because of the way the situation was handled, the REAL ID Act didn't receive the scrutiny and discussion it deserved.

After President Bush signed the bill into law in 2005, Maine and Utah quickly passed state legislation condemning the Act. Seventeen other states soon followed with non-binding resolutions of their own. A few states are still openly against the Act for varying reasons.

Reasons for Opposition

Critics cite cost as one of their primary concerns about the Act. According to the National Governors Association, the REAL ID Act will force states to spend $11 billion to implement the measures. This includes adding databases and networks, providing supplies to produce the new documents, and educating and training employees.

Opponents are also worried about individual rights issues, feeling that the Act infringes on individual privacy, while fearing that a national ID card will soon be likely. As the Utah legislature wrote, the REAL ID Act is “in opposition to the Jeffersonian principles of individual liberty, free markets, and limited government.”

Reasons for Support

Advocates, however, see the Act as a necessary antiterrorism measure that will help block terrorists from moving freely throughout the country, and entering federal buildings, while allowing law enforcement officials to more easily spot fake identification documents.

Proponents see the Act as a means to better verify identification, a method to improve communication between state agencies, and a move toward smart cards that can allow the government to deliver better services over the Internet.

REAL ID and the Enhanced Driver’s License (EDL)

According to the DHS, the government is aligning the REAL ID and EDL requirements. The main difference, though, is that obtaining a REAL ID requires proof of legal status in the U.S., while obtaining an EDL requires the applicant to be a U.S. citizen.

Furthermore, while the REAL ID will not necessarily include radio-frequency identification (RFID) technology, the EDL will. This is because the EDL aims to expedite border crossing and identity verification by border patrols at a port of entry. Visit our Enhanced Driver’s License page to read more on the EDL.

What’s the Latest?

The REAL ID Act actually took effect on May 11, 2008. However, all 50 states (and the District of Columbia) received extensions to implement the Act's standards. This means that you may not see much difference in the way driver's licenses and state ID cards are issued in your state for the time being.

The extension lasts until December 31, 2009. However, as long as a state verifies that it meets certain security and licensing standards by that point, another extension will automatically be granted that lasts until May 11, 2011. This will allow the state even more time to comply with and implement the federal requirements.

In the meantime, you can continue to use your driver's license or state ID card as official documents for entering a federal facility or boarding a plane.

Additional Information

Learn more about the REAL ID Act by going to the DHS site.