Real IDMost states are complying with Real ID, but a few lag behind

Forty U.S. states and some territories have adopted the Real ID Act requirements for state driver’s licenses and identification cards, mandated by the federal government. Alaska, American Samoa, Arizona, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Montana, New York, Oklahoma, and Washington are still considered noncompliant as of October 2014. The U.S. House of Representatives passed the law in 2005 as a way to prevent terrorists from gaining entry into the country and onto U.S. commercial flights.

Real ID compliant identification cards must include an individual’s full legal name, residential address, date of birth, gender, a digital front-facing photograph, signature, a barcode, and security devices that prevent tampering with or counterfeiting the card. The cards must also display a star in the upper right-hand corner signifying that the ID has been approved by the Transportation Security Agency (TSA). When applying for an ID or driver’s license in a Real ID compliant state, individuals must present a photo ID or non-photo ID that contains the individual’s full legal name, a birth certificate, and Social Security number.

According to theWhite Mountain Independent, some states opposing the law believe the excessive requirements make it difficult for rural residents, the elderly, and immigrants to obtain proper identification cards as they might not have some of the documentation needed. Lawmakers in Arizona passed House Bill 2677 in 2008 to prohibit the state from complying with the Real ID Act, mostly because of privacy concerns.

“When you give government too much access to a person’s private information, you open up the potential for abuse, and we have seen that abuse in the past,” said former state representative and now U.S. Representative Kyrsten Sinema (D-Arizona). “Real ID takes away a person’s inherent right to privacy. These are rights we hold very dear as Americans.” The Arizona bill signed into law by then Governor Janet Napolitano states in part that: “This state shall not participate in the implementation of the Real ID Act of 2005 … and shall report to the governor and the legislature any attempt by agencies or agents of the U.S. Department of Homeland Security to secure the implementation.”

Once Real ID compliant, states must agree to share their database of licensed citizens and drivers with all other states and the federal government. States must also fund the transition to Real ID cards, though the federal government has provided some states with grants. Several states are concerned that Real ID cards use digital face-recognition photos and chips or magnetic strips, which may be used by federal law enforcement to track citizens. “If fully implemented, the law would facilitate tracking of data on individuals and bring government into the very center of every citizen’s life,” said Chris Calabrese, a legislative counsel with the American Civil Liberties Union.

DHS announced a phased enforcement of the Real ID Act in 2013. The first phase took effect in April 2014 affecting anyone trying to access restricted areas of the DHS headquarters in Washington, D.C. The second phase initiated in July 2014, limits access to all restricted areas of all federal facilities and nuclear power plants. The third phase began in October and covers semi-restricted areas of all federal facilities. The fourth phase of DHS’ enforcement of the Real ID Act will begin in January 2016, requiring a Real ID to fly on federally regulated commercial aircraft.

Residents of states that fail to comply with the Real ID Act may present alternate forms of identification to gain access to restricted sites. Currently, passports, a permanent residency card, a birth certificate, or a state issued “enhanced driver’s license,” are acceptable alternatives.