The Evolution and Challenges of the Real ID Act
While many associate the Real ID Act of 2005 with the aftermath of the September 11 attacks, the roots of the legislation trace back to earlier security concerns. Brian Zimmer, a former House Judiciary Committee researcher, highlights that Congress’s apprehensions about identification security were evident as early as 1995 when counterfeit IDs were used in the Oklahoma City bombing.
Despite no direct involvement of fake IDs in the 9/11 attacks, those events intensified the push for stricter ID standards. Zimmer, who played a pivotal role in crafting the Real ID Act, recalls former House Judiciary Committee Chairman Jim Sensenbrenner’s initiative to name the law in a way that resonated with the public. “Sensenbrenner wanted something that everybody would get,” Zimmer explains, leading to the term “Real ID.”
The act aimed to enhance the security of state-issued IDs by making them harder to forge and ensuring the accuracy of the information they contained, all while avoiding the creation of a federal ID system. However, this decentralized approach encountered significant hurdles.
Faith Bradley, a professor at George Washington University, studied the act’s implementation and noted initial resistance from many states due to concerns over costs, privacy, and documentation burdens. This resistance led to repeated delays in the law’s enforcement as states and the federal government negotiated compliance terms.
Today, the Real ID Act has resulted in a diverse range of compliant IDs across states, marked by symbols like stars or, in California’s case, a star within a bear. Notably, Washington state offers an “Enhanced Driver License,” considered Real ID-compliant despite lacking the typical star marking.
With millions yet to transition to Real ID-compliant licenses, many, like Lucia Orozco from Seattle, opt for non-compliant versions, especially if they don’t frequently travel by air. However, for undocumented immigrants, the looming compliance deadline poses potential travel challenges.
Tanya Broder, senior counsel at the National Immigration Law Center, points out that the Real ID Act’s two-tier license system affects migrants, as certain state-issued IDs will soon be invalid for air travel. Broder emphasizes the ongoing risks for undocumented individuals traveling post-implementation.
Recently, the Trump administration increased pressure on states issuing licenses without verifying immigration status. Transportation Secretary Sean P. Duffy’s letter hinted at potential penalties for such practices, aligning with critics of illegal immigration who argue that driver’s licenses should not be accessible to undocumented individuals.
Despite approaching deadlines, resistance persists. For instance, Maine officials recently sought another extension, with compliance rates still low. Brian Zimmer, now a consultant, notes that the Transportation Security Administration’s audits of state compliance offer a grace period for states lagging behind.
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