REAL ID Act

Overview: The REAL ID Act was passed by the House and the Senate and signed into law by President Bush in May 2005. It was attached to the Iraqi supplemental appropriations bill, making it extremely difficult to defeat. Unfortunately, this new law makes all Americans less safe and undermines fundamental American values of fairness, due process, and protection of those fleeing persecution. The REAL ID Act will also result in an increased number of unlicensed, uninsured drivers on the roads, prevents persons fleeing persecution from receiving humanitarian relief in the U.S.

Driver’s license provisions: Among the many provisions of REAL ID are sections that place federal requirements on all state driver’s licenses. The REAL ID Act will have an impact on every person applying for a driver’s license in the entire U.S. All states, Puerto Rico, and the District of Columbia will have to change their driver’s license laws to comply with REAL ID.

While the REAL ID Act is now law, the driver’s license provisions are not in effect yet. All current driver’s licenses remain valid. Current licenses are likely to remain valid until their renewal date, even if state laws change in the meantime. States have three years to comply with the REAL ID, and each state will follow a different timeline.

The fight against the REAL ID Act is not over, and NCLR continues to work hard to challenge the new law and make its implementation as harmless as possible.

Specifically, if implemented, the REAL ID Act will:

* Require that all driver’s license applicants prove they are U.S. citizens or lawfully present in the U.S. (unfortunately not every lawful immigration status qualifies under the current law)

* Require that states issue distinct licenses based on immigration status. U.S. citizens and green card holders will get one type of “permanent” license, while legal immigrants here on temporary visas will receive another type of “temporary” license

* Require that the state driver’s license bureaus verify all documents presented to prove identity, date of birth, Social Security Number, and state residency with the agency that originally issued those documents

* Prevent the use of all foreign-issued documents other than unexpired passports to prove identity, name, and date of birth

* Require states to electronically store all information from applicants and share that information with other states

* Allow a state to provide a distinct driving document to undocumented immigrants. This document will have to be distinct and state on its face that the document cannot be accepted for federal identification purposes

If a state does not comply with all REAL ID Act provisions, no licenses from that state can be used as identification for federal purposes.

For more information about REAL ID go towww.realnightmare.org

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