Ramifications of the Real ID Act

In June the House passed the bill H.R. 418, more commonly known as the Real ID Act. The Real ID Act, specifically Title II of the bill, sets forth new federal standards for the issuance and security of driver's licenses and personal identification cards in a manner in which many see as being the first step towards national ID card legislation. Attached to a larger bill that proposes tightened federal standards dealing with asylum law in an age where global terrorism has become a chief concern, the Real ID Act offers sweeping changes to current Department of Motor Vehicle (DMV) regulations.

Dept. of Homeland Security, Tom Ridge, believes that while it may not yet be time for a national ID card, biometric technology in our identification documents could help thwart terrorists from gaining easy access to sensitive American facilities.

The Real ID Act will come into full effect sometime in 2008 and many are wondering just what sort of effect these new rules will have on our every day lives. The crux of the bill creates a new federal standard for the issuance of driver’s licenses, superseding and negating current standards that vary on a state-to-state basis. These standards, at the minimum, include verification of the applicant’s status as either a US citizen or legal resident by way of a social security number or proof of ineligibility to obtain one. For the first time, the issuance of driver’s licenses will become a federal mandate.

In addition to the new standards regarding the issuance of ID cards, several new security measures will be put into place in compliance with the Real ID Act. These include the mandatory digital capture of each applicant’s face to be held on federal record, the retention of paper copies of the applicant’s source documents including their social security number) for no less than seven years, and tightened security at DMV sites. Logistically speaking, these new standards will require an entirely new training and enforcement program for employees of the Department of Motor Vehicles, one that some critics complain will force the DMV to act on a new and inappropriate level as a sort of law enforcement agency.

The Real ID Act has come under fire by critics as granting an undue amount of control to the federal government by denying states what was traditionally their area of jurisdiction. Some, such as the ACLU, regard the bill, along with the oft-maligned Patriot Act, as the action of a “Big Brother” government entity. However, proponents of the bill argue that the creation of a universal federal standard is a necessary security measure needed to combat the threat of terrorists seeking to gain entry and access to the United States.

Despite the unease many feel at granting the government such authority, the Real ID Act is still less severe than current legislation being pushed by the European Union in terms of biometric technology (using fingerprinting or retinal scans to verify a citizen’s identity). Though it seems like something out of A Brave New World, this technology has been actively pursued by most industrialized nations since the mid-1990’s.

The bill solidifies its authority in stating that the new federally issued licenses will now be the only common form of identification accepted by the government. However, in a move likely created to avoid criticism, states will still be allowed to issue licenses that do not conform to the new standards. Of course, according to the bill, those licenses issued that do not conform to the new standards will be unacceptable for “official purposes,” which in layman’s terms, pretty much runs the gamut from access to government facilities to applying for financial assistance or social service programs. In addition, those who are issued licenses outside of the new standards will have their information reported to federal authorities as sort of a “red flag.”

So what does all of this mean for the rest of us? Not a whole lot in reality. This is NOT a national ID card. When asked by a reporter if the U.S. needs a national ID card, Secretary of Homeland Security, Tom Ridge replied, “The legislation that created the department specifically prohibited a national ID card, but I must tell you that there are areas where identification, and cards including biometrics, are needed and part of our mission in homeland security to get done...So no national ID, but what we have is an opportunity to use biometrics, and particularly to identify people who have access to certain areas: nuclear power plants and airports and the like, or the driver's license; we're working toward a little more regularity and a certain standard that we would be able to use across the board.”

We can all still get licenses from our respective states in pretty much the same fashion as always. Remember to bring proof of your citizenship or legal status as a guest in the United States in the form of a passport, visa, social security card etc. Licenses will now only be valid for eight years as opposed to the normal ten. The physical appearance of the cards may differ a little and are likely to contain a new security strip for verification. Beneath the surface of all of this however, know that your address and social security number will be on file with the federal government when you apply for a license. Of course, that information is already on file with the government, so any discomfort with this issue may be unwarranted.

All in all, the Real ID act should prove to be neither the panacea security measure its supporters suggest, nor the Orwellian nightmare its critics fear. For most of us, it will probably go unnoticed save for an extra agonizing half-hour on line at the DMV.