[Nfbmt] REAL ID Enforcement in Brief

[Breslauers]

Secure Driver's Licenses

 

Preventing terrorists from obtaining state-issued identification documents is
critical to securing America against terrorism. As the 9/11 Commission noted,
"For terrorists, travel documents are as important as weapons." The 9/11
Commission Report: Final Report of the National Commission on Terrorist
Attacks upon the United States, at 384 (2004).

 

Secure driver's licenses and identification documents are a vital 

component of our national security strategy.  Law enforcement must be able to
rely on government-issued identification documents and know that the bearer
of such a document is who he or she claims to be. REAL ID is a coordinated
effort by the states and the Federal Government to improve the reliability
and accuracy of state-issued identification documents, which should inhibit
terrorists' ability to evade detection by using fraudulent identification.

 

The 9/11 Commission recommended that the Federal Government work with other
layers of government to solidify the security of government-issued documents.
Securing state-issued identification documents is a common-sense national
security and law enforcement imperative, which also helps to combat identity

fraud and illegal immigration.

 

The REAL ID Act, passed by Congress in 2005, enacted the 9/11 Commission's
recommendation that the Federal Government "set standards for the issuance of
sources of identification, such as driver's licenses." The Act established
minimum security standards for license issuance and production and prohibits
Federal agencies from accepting for certain purposes driver's licenses and
identification cards from states not meeting the Act's minimum standards.  

 

The purposes covered by the Act are: 

accessing

Federal facilities, 

entering nuclear power plants, and, no sooner than 2016, 

boarding federally regulated commercial aircraft. 

 

The Department of Homeland Security (DHS) announced on December 20, 2013 a
phased enforcement plan for the REAL ID Act (the Act), as passed by Congress,
that will implement the Act in a measured, fair, and responsible way. 

 

States and other jurisdictions have made significant progress in enhancing
the security of their licenses over the last number of years. As a result,
approximately 90% of all U.S. drivers hold licenses from jurisdictions: (1)
determined to meet the Act's standards; or (2) that have received extensions.
Individuals

holding driver's licenses or identification cards from these jurisdictions
may continue to use them as before.

 

The Department of Homeland Security (DHS) announced on December 20, 2013 a
phased enforcement plan for the REAL ID Act (the Act), as passed by Congress,
that will implement the Act in a measured, fair, and responsible way. 

 

Description and Schedule of Enforcement Phases

 

The following enforcement measures are cumulative, with measures in each
phase remaining in effect through successive phases. Each phase will begin
with a 3-month period where agencies will provide notice to individuals
attempting to use driver's licenses or identification cards from noncompliant
states

but still allow access. After this period is over, agencies will no longer
accept such identification for entry to Federal facilities, and individuals
will need to follow the agency's alternate procedures (to be made available
by the agency).

 

.Phase 1: Restricted areas (i.e., areas accessible by agency personnel,
contractors, and their guests) for DHS's Nebraska Avenue Complex (NAC)
headquarters.

 

.Phase 2: Restricted areas for all Federal facilities and nuclear power
plants.

 

.Phase 3: Semi-restricted areas (i.e., areas available to the general public
but subject to ID-based access control) for most Federal facilities (subject
to limitations described in the next section). Access to Federal facilities
will continue to be allowed for purposes of applying for or receiving Federal
benefits.

 

.Phase 4: Boarding federally regulated commercial aircraft.

 

Limitations

 

Access for activities directly relating to safety and health or life
preserving services, to law enforcement, and to constitutionally protected
activities, including legal and investigative proceedings will not be
affected. Existing agency policies will still apply.

 

The Act does not require individuals to present identification where it is
not currently required to access a Federal facility (such as to enter the
public areas of the Smithsonian) nor does it prohibit an agency from
accepting other forms of identity documents other than documents from
non-compliant states (such as a U.S. passport or passport card).

 

The Act's prohibitions do not affect other uses of driver's licenses or
identification cards - including licenses and cards from noncompliant states
- unrelated to official purposes as defined in the Act. For example, the Act
does not apply to voting, registering to vote, or for applying for or
receiving Federal benefits.

 

The following states/territories are compliant with the REAL ID Act:

 

.Alabama

.Arizona

.Colorado

.Connecticut

.Delaware

.DC

.Florida

.Georgia

.Hawaii

.Indiana

.Iowa

.Kansas

.Maryland

.Mississippi

.Nebraska

.Nevada

.Ohio

.S. Dakota

.Tennessee

.Utah

.Vermont

.West Virginia

.Wisconsin

.Wyoming

 

The following states/territories have an extension, allowing Federal agencies
to accept driver's licenses from these states until October 10, 2016:

 

.Alaska

.Arkansas

.California

.Guam

.Idaho

.Illinois

.Kentucky

.Louisiana

.Maine

.Massachusetts

.Michigan

.Montana

.N. Marianas

.New Hampshire

.New Jersey

.New Mexico

.New York

.N. Carolina

.N. Dakota

.Oklahoma

.Oregon

.Pennsylvania

.Puerto Rico

.Rhode Island

.S. Carolina

.Texas

.Virginia

.Virgin Islands

 

Noncompliant States/Territories without Extensions

.Am. Samoa

.Minnesota+

.Missouri

.Washington+

 

+ Federal officials may continue to accept Enhanced Driver's Licenses from
these states.

 

Last Published Date: June 16, 2016