
The REAL ID Act of 2005 requires people entering federal buildings, boarding airplanes or opening bank accounts to present identification that has met certain security and authentification standards.
The Act is Division B of an act of the United States Congress titled Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005.
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It implements the following:
- Establishing national standards for state-issued driver's licenses and non-driver's identification cards
- Waiving laws that interfere with construction of physical barriers at the borders;
- Updating and tightening the laws on application for asylum and deportation of aliens for terrorist activity;
- Introducing rules covering "delivery bonds" (rather like bail bonds but for aliens who have been released pending hearings);
- Funding some reports and pilot projects related to border security; and
- Changing visa limits for temporary workers, nurses, and Australian citizens.
The Library of Congress Real ID Act
REAL ID Final RuleThe Department of Homeland Security has issued a final rule to establish minimum standards for state-issued driver’s licenses and identification cards in accordance with the REAL ID Act of 2005.
- Final Rule, Part 1 (PDF, 120 pages - 4.2 MB)
- Final Rule, Part 2 (PDF, 164 pages – 5.6 MB)
Documentation required before issuing a license or ID card
Before a card can be issued, the applicant must provide the following documentation[8]:
- A photo ID, or a non-photo ID that includes full legal name and birthdate.
- Documentation of birthdate.
- Documentation of legal status and Social Security number
- Documentation showing name and principal residence address.
- Digital images of each identity document will be stored in each state DMV database.
Data requirements
Each card must include, at a minimum, the person's full legal name, signature, date of birth, sex, driver's license or identification card number. It also includes a photograph of the person's face and the address of principal residence. It is required to have physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes. These new security features include a hologram of a map of the entire North American Continent.
It will use common machine-readable technology, with defined minimum data elements (the details of which are not spelled out, but left to the Secretary of Homeland Security, in consultation with the Secretary of Transportation and the states, to regulate).
The Real ID Act, which Congress passed as part of an emergency spending bill in 2005, is the result of recommendations from the 9/11 Commission. Chertoff reiterated Friday that the program is necessary in part because all but one of the hijackers in the September 11 attacks carried government-issued identification cards that helped them remain in the country illegally. Another goal is to prevent illegal immigrants from "pretending to be American citizens so they can work illegally in this country."
To that end, under the new rules, motor vehicle offices will be required to take photographs of driver's license applicants at the beginning of the application process and keep those images on file for five years. The idea is to help catch applicants who forge their identities--and fail to fool employees into issuing them cards--if they try to pull off a repeat attempt.
Whether the final rule will hold up through the decadelong implementation process remains to be seen. Prominent Democrats in Congress were quick to attack the approach.
"While fulfilling this 9/11 Recommendation is vital to our national security, I believe that the Final Rule still requires a great deal of work by the Department of Homeland Security," Rep. Bennie Thompson (D-Miss.), chairman of the House of Representatives Homeland Security Committee, said in a letter Friday.
Sen. Patrick Leahy, chairman of the Senate Judiciary Committee, said in a statement that he would continue to push for passage of a bill that would repeal the Real ID Act. That mandate would be replaced with what supporters say is a more "flexible" approach, in which states, privacy groups, the federal government, and other interested parties would devise a mutually beneficial approach to improving driver's license security.
Linking of license and ID card databases
Each state must agree to share its motor vehicle database with all other states. This database must include, at a minimum, all the data printed on the state drivers' licenses and ID cards, plus drivers' histories (including motor vehicle violations, suspensions, and points on licenses). Any state that does not link its database, containing records on all drivers and ID holders, to the database of the other states loses its federal funding.
Original legislation contained one of the most controversial elements which did not make it into the final legislation that was signed into law. It would have required states to sign a new compact known as the Driver License Agreement (DLA) as written by the Joint Driver's License Compact/ Non-Resident Violators Compact Executive Board with the support of AAMVA which would have required states to give reciprocity to those provinces and territories in Canada and those states in Mexico that joined the DLA and complied with its provisions. As a part of the DLA, states would be required to network their databases with these provinces, territories and Mexican states. The databases that are accessible would include sensitive information such as Social Security numbers, home addresses and other information. The foreign states and provinces are not required to abide with the Drivers Privacy Protection Act (DPPA) and are free to access and use the sensitive information as they see fit.
Traffic violations would be required to be sent to the licensing jurisdiction and be recorded. The licensing jurisdiction would be required to act on the violation according to its own laws such as assigning points and insurance surcharges to the driver not only for violations reported from DLA members but also from non-DLA members as well. The DLA requires member states to treat non-DLA states as if they are DLA members concerning their drivers.
Important Links
DHS: REAL ID Proposed Guidelines: Questions & Answers
| REAL ID is a nationwide effort intended to prevent terrorism, reduce fraud, and improve the reliability and accuracy of identification documents that State |
REAL ID Act - Wikipedia, the free encyclopedia
| The REAL ID Act of 2005 is Division B of an act of the United States Congress titled Emergency Supplemental Appropriations Act for Defense, the Global War |
Real Nightmare
| The Real ID Act of 2005 would turn our state driver’s licenses into a genuine ... Get the latest statements on Real ID by the Republican and Democratic |
