It’s supposed to serve as essential identification for anyone interested in flying, driving, or opening a bank account, but even after six years some states still aren’t buying it. The Real ID Act represents a curious case of a federal mandate that many state governments refuse to follow.
In a blog post last week, the American Civil Liberties Union (ACLU) addressed the U.S. Department of Homeland Security (DHS) and the Office of Management and Budget “to recognize the clear reality that Real ID is dead.”
Calling for the measure’s repeal once again, the ACLU cited numerous problems associated with the program since it was enacted in 2005. “States should continue with their own drivers’ license security but skip the national ID card,” advised the civil rights group.
Born alongside other security measures in the post-9/11 reformation of the U.S. intelligence community, several high-ranking legislators continue to champion the national ID program as a crucial strategy in preventing future terrorist attacks. Although every state already issues a driver’s license, the Real ID Act aims to fulfill a key recommendation of the 9/11 Commission by creating a national database of drivers and a standardized way to read the licenses they carry.
The law passed in the middle of the Bush administration, but the feds have been forced to wait, and wait some more. Since 2008 the DHS has issued three extensions, and millions in federal dollars, to encourage states to comply with the controversial measure to create a national ID.
The grant money has since dried up, but many cash-strapped states still say they can’t afford to meet their share of the estimated $23 billion needed to put the measure into action. Still other states directly oppose Real ID, and have even made it illegal for state officials to comply with the federal law.
“Governors have long said that Real ID, in its current form, is unworkable. That has not changed,” stated the National Governors Association following the announcement of the last extension in March 2011. “Arbitrary deadlines that only keep people from boarding an airplane do not make the impossible possible.”
But lawmakers pushing for Real ID won’t take no for an answer. Despite a multistate resistance, and the repeated call for repeal since 2009 from DHS Secretary Janet Napolitano, who characterized the legislation as “unrealistic,” Real ID supporters insist that the measure is critical to ensure national security.
“It’s clear from recent arrests that terrorists want to exploit our weak identification requirements to carry out attacks on Americans,” wrote Senate Judiciary Committee Ranking Member Chuck Grassley (R-Iowa) in a letter to the DHS following the latest compliance extension. “The administration needs to commit to full implementation of current law, instead of kicking the can down the road.”
Facing pressure from impatient Real ID supporters on one side, and noncompliant states on the other, the DHS finds itself in the middle of a standoff. The department has managed to hold off a possible catastrophe with compliance extensions, but one side will inevitably have to give in.
If the law were enforced today, more than 20 percent of the U.S. population would be unable to use their state licenses to board airplanes or enter federal facilities. It’s a possible threat facing states that may still refuse to adopt Real ID by the end of this current compliance extension, but the ACLU believes this scenario isn’t likely.
“Either DHS would have to ignore the aviation identification requirement altogether or send millions of people to secondary screening or employ other, much slower, mechanisms for verifying identity,” stated the ACLU blog. “This would bring air travel to a halt and cause numerous security problems at other federal facilities.”
