Federal ID law draws objections

Federal ID law draws objections

By D.R. STEWART World Staff Writer

Oklahoma and 16 other states
see the REAL ID Act as a costly intrusion

A three-year-old U.S. law, little known and less understood, requires Oklahoma and the other states to overhaul driver's licensing systems and issue licenses meeting federal standards over the next decade.

The REAL ID Act of 2005 requires the states to reissue more than 240 million driver's licenses, beginning in 2010, at a cost of millions of dollars to each state.

But a much greater cost, civil libertarians say, will be the further intrusion of the federal government into citizens' lives and the erosion of privacy rights.

"REAL ID has real problems, and it's real bad for America," said state Sen. Randy Brogdon, R-Owasso. "It's a blatant violation of the 10th Amendment."

The 10th Amendment to the U.S. Constitution states that when powers are not explicitly delegated to the federal government, they are reserved to the states.

Brogdon co-sponsored Senate Bill 464, which was passed by the Oklahoma Legislature last year and signed by Gov. Brad Henry. SB 464 directs the Oklahoma Department of Public Safety not to implement the provisions of the REAL ID Act.

Besides Oklahoma, 16 other states -- Arkansas, Colorado, Georgia, Hawaii, Idaho, Illinois, Maine, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, South Carolina, Tennessee and Washington -- have passed legislation or resolutions objecting to the REAL ID Act, according to the American Civil Liberties Union.

"It's a bad law, very cumbersome, very expensive, very invasive, and Congress is going to have to change it," Chris Calabrese, counsel for ACLU's technology and liberty program, said in a telephone interview.

"If the REAL ID standards are implemented, there clearly will be constitutional challenges."

The REAL ID Act was passed by Congress to address a critical gap in security -- the ease of obtaining government-issued identification -- identified by The 9/11 Commission Report.

"The 9/11 hijackers had over 30 forms of identification and 364 aliases among 19 men," said Amy Kudwa, spokeswoman for the Department of Homeland Security.

"What REAL ID does is establish minimum standards for states to issue driver's licenses and ID cards for individuals who don't drive. It also establishes physical security features on the (license) cards and requires security of the facilities and the issuing process."

REAL ID-compliant driver's licenses would have new security features, including machine-readable data, to deter forgery. They also would be issued after a number of identification verification steps, such as checks of birth certificates, Social Security numbers and citizenship status.

REAL ID's supporters, which include the entire Oklahoma congressional delegation, say it will be a barrier to further terrorist attacks as well as providing safeguards to identity theft.

"There are privacy concerns. It's not perfect, but I think it will make us safer," said U.S. Rep. John Sullivan, R-Okla.

In January, Homeland Security Secretary Michael Chertoff issued final rules establishing minimum security standards for state-issued driver's licenses and identification cards as well as standards for license-issuing facilities themselves.

"The American public's desire for greater identity protection is undeniable," Chertoff said in a prepared statement. "For an extra $8 per license, REAL ID will give law enforcement and security officials a powerful advantage against falsified documents, and it will bring some peace of mind to citizens wanting to protect their identity from theft by a criminal or illegal alien."

Chertoff estimates it will cost the states $3.9 billion to implement REAL ID. That is below an original estimate of $14.6 billion because the Department of Homeland Security is giving the states greater flexibility to issue licenses to older Americans.

The Department of Homeland Security is offering the states $360 million in federal grants to assist overhauling driver's licensing systems.

But along with the carrot, the department also is brandishing the stick.

Chertoff said residents of states that don't comply with REAL ID provisions or don't seek an extension to comply with them by the end of March will have problems boarding commercial aircraft or entering federal buildings after May 11.

On that date, noncompliant states' residents will find their driver's licenses won't be valid for federal identification, Chertoff said.

Travelers from those states will have to provide secondary identification, such as a passport or federal ID card, to board commercial aircraft, enter a federal building or nuclear power plant. Or, homeland security officials say, they could be subject to secondary screening and interviews by security officers.

Only four states have not requested extensions: Maine, Montana, New Hampshire and South Carolina.

Oklahoma Gov. Brad Henry requested, and was granted, an extension on Feb. 15.

"When the Oklahoma Legislature followed the lead of other states and registered its official protest with the unanimous passage of SB 464 last year, Gov. Henry supported the legislation, believing that it could put pressure on federal authorities to amend the act and address the reservations raised by many states around the country," Paul Sund, Henry's communications director, said in an e-mail message.

"Gov. Henry believes the pending federal sanctions would cause a great hardship on Oklahomans, particularly those who rely on daily airline travel to conduct business.

"Rather than subject Oklahomans to those hardships and the potential economic fallout from them, the governor sought and received an extension from the federal government.

"It is important to note that the request for an extension does not include a promise that Oklahoma will ultimately comply with the act."

REAL ID Act requirements for states


Driver’s licenses must include personal information and machine-readable security features.


Driver’s license applicants must provide proof of their identity, U.S. citizenship or legal status.


Driver’s license-issuing agencies must verify source documents (birth certificates, Social Security numbers, passports, etc.) provided by applicants.


Driver’s license-issuing agencies must establish security standards for their offices.


Driver’s license-issuing agencies must capture digital images of driver identification documents, retain them in electronic storage in a transferable format for 10 years.


Driver’s license-issuing agencies must photograph each person applying for a driver’s license, store it electronically and in a transferable format.

Source: Department of Homeland Security, National Conference of State Legislatures.

REAL ID Act requirements for individuals


People 50 years old and under must have REAL ID Act-compliant driver’s licenses by Dec. 1, 2014; people ages 50 and older must have REAL ID Act-compliant driver’s licenses by Dec. 1, 2017.


Individuals applying for a REAL ID Act-compliant driver’s license must present: (1) a photo identity document or a non-photo identity document if it includes both the person’s full legal name and date of birth; (2) documentation showing the person’s date of birth; (3) proof of the person’s Social Security account number or verification that the person is not eligible for a Social Security number; (4) documentation showing the person’s name and address of principal residence.


People from states that are not REAL ID Act-compliant by Dec. 31, 2009 will not be permitted to use their driver’s licenses as a form of federal identification to board a commercial aircraft or enter a federal building or nuclear power plant. People from those states would have to present alternative identification or be subject to secondary screening or questioning by security officials.

Source: Department of Homeland Security.