It's for REAL This Time

The REAL ID Act was passed overwhelmingly by the US Congress to set national ID standards.

The REAL ID Act was passed by Congress and signed into law by President George W. Bush way back in 2005 with implementation initially expected by 2008. The statute was enacted in response to recommendations from the 9/11 Commission regarding enhanced security for identification documents. It aims to establish minimum security standards for driver's licenses and identification cards, prohibiting Federal Agencies from accepting non-compliant IDs for certain official purposes, such as boarding commercial flights. The Act also includes provisions related to asylum and withholding of removal claims. Now, the law is scheduled to go into effect on May 7. Why has it taken almost 20 years for it to be implemented and what will happen to passengers who don’t have Real ID compliant identification?

States received upwards of $263 million in grants from DHS but were slow in issuing compliant IDs.

Although the act passed in 2005, it took nearly 20 years to be fully implemented due to a combination of factors, including state resistance, concerns relative to cost and privacy, and delays caused by the COVID-19 pandemic. Over the years, the deadlines for compliance were repeatedly pushed back, with the final deadline being just a week and a half away, on May 7. Many states initially resisted implementation, citing concerns about the cost of upgrading their systems and privacy issues associated with the new security standards. The Federal Government estimated that implementing the Act would cost states $11 billion. Some states expressed concerns about the potential for the new ID standards to be used for tracking individuals. The pandemic also significantly impacted state motor vehicle departments, causing backlogs that further delayed the implementation process. As a result, the Department of Homeland Security (DHS) repeatedly extended the deadline for full enforcement. But now, all 50 states and US territories have been certified as compliant with the REAL ID Act. In essence, the lengthy implementation reflected the complexities of Federal mandates and the challenges of achieving consensus among diverse state agencies and populations. 

A gold star in the upper right hand corner shows that the license meets Federal REAL ID standards.

To obtain a REAL ID compliant driver's license in the US, applicants need to provide specific documentation, including one clearly showing full legal name and one that confirms a date of birth. Social Security numbers must also be verified, and two additional documents presented that show a current address such as utility bills, bank statements or other official documents. Finally, applicants need to prove they are a US national or a foreign national legally present in the US. This could take the form a birth certificate, passport or proof of residency such as a Permanent Resident Card. Exact documentation requirements and specific details may be found on state Department of Motor Vehicle websites.

Signs have been posted at airports nationwide in the run-up to the May 7 deadline for REAL ID.

Adult passengers 18 and older must show valid identification at the airport checkpoint in order to travel and, starting on May 7, would-be passengers will no longer be able to use a non-REAL ID compliant driver’s license or state ID to fly within the country. While approximately 91% of the US population holds a driver’s license, DHS anticipates that only 61.2% of those will be REAL ID compliant by the upcoming deadline. So, what other forms of identification will be acceptable to the Transportation Security Administration (TSA)? A US passport, US passport card, DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST), US Department of Defense ID, and state-issued enhanced driver's licenses will all be allowable. Of course, foreign government-issued passports will continue to be acceptable as will Canadian provincial drivers licenses or Indian and Northern Affairs Canada Cards.The list of permissible IDs is subject to change without notice and TSA strongly encourages passengers to check this list again before traveling to avoid any problems at the security checkpoint.

TSA Officers have been instructed to initiate an identity verification process when necessary.

Passengers who do not yet have a REAL ID or another TSA acceptable form of identification can expect to face delays, additional screening, and the possibility of not being allowed into the security checkpoint. This includes TSA PreCheck passengers.  If you don’t have acceptable ID, the TSA officer may request that you undergo an identity verification process, which includes collecting information such as your name and current address in order

to confirm your identity. If your identity is confirmed, you will be allowed to enter the screening checkpoint, where you may be subject to additional screening. You will not be allowed to enter the security checkpoint if you choose not to provide acceptable identification, you decline to cooperate with the identity verification process, or your identity cannot be confirmed. Please note that TSA does not require minors under the age of 18 to provide identification when traveling within the United States. If applicable, contact your airline for questions regarding specific ID requirements for travelers under 18.

The TSA's Notice of Proposed Rulemaking allowed the agency to consider phased implementation.

DHS has implemented this phased approach, allowing for a two-year transition period. This means that for the first two years, non-REAL ID compliant documents may still be accepted, but with the additional screening measures outlined above. This transition period allows for a more gradual implementation, ensuring that everyone has time to obtain a REAL ID compliant document or find an acceptable alternative. The goal is to achieve full enforcement of REAL ID requirements by the end of the two-year transition period. The phased approach provides flexibility for individual agencies to determine the best way to implement REAL ID enforcement based on their specific needs and the impact on travelers. This phasing process is scheduled to be completed by May 5, 2027. On and after that date, agencies may not accept noncompliant or legacy driver's licenses or IDs for official purposes. 

Adam Stahl is a national security expert with over 10 years of public and private security experience.

The TSA has been working with the public and states to facilitate the transition to REAL ID enforcement, but the full extent of officer training and readiness has not been fully detailed. However, according to a TSA press release issued on April 11, Adam Stahl, TSA Chief of Staff and Acting Deputy Administrator, said, “Secretary Noem and the Trump administration are enforcing the 2005 REAL ID Act and regulations on May 7, as directed by Congress and the American people.The Real ID requirement bolsters safety by making fraudulent IDs harder to forge, thwarting criminals and terrorists. TSA will implement REAL ID effectively and efficiently, continuing to ensure the safety and security of passengers while also working to minimize operational disruptions at airports.”

REAL ID compliant identification offers convenience for domestic travel by allowing passengers to board commercial aircraft without a passport. It also provides increased security by verifying identity and residency.

Until next time…safe travels.