REAL ID Act: Maryland may have to delay federal Real ID program

State may have to delay federal
Real ID program

High costs and requiring legal residency may delay Maryland's progress with the Real ID program, even though the state has met fewer than half the requirements for the federal driver's license mandate.

"I think it's unlikely we'll do anything this year, and it's going to be a tremendous burden on this state," Sen. Brian Frosh, D-Montgomery, said at a hearing Wednesday. He serves as chairman of the Senate Judicial Proceedings Committee.

The federal law has tougher requirements for getting driving licenses, including being a legal resident.

The U.S. Department of Homeland Security issued 18 benchmarks that states must meet to get a second extension, to May 2011, for Real ID implementation.

The Motor Vehicle Administration has met eight of those requirements. Most were already in place and therefore cost nothing to implement.

Four remain unfulfilled because the state doesn't check applicants' residency status, according to MVA administrator John Kuo.

MVA has the technology to check legal status, so it wouldn't cost more money if legal status were added as a requirement, Kuo said.

Between 35 percent to 50 percent of the out-of-country applicants are rejected for driver's licenses because they don't have enough proof they are Maryland residents or don't have proper documentation, the administrator said.

The General Assembly must grant approval to the residency requirement.

Some lawmakers say Real ID is a way to thwart terrorism and reduce illegal immigration. Others view the program as an invasion of privacy and fear it could lead to undocumented people driving without licenses.

In the 47 states that require drivers to have legal status, "I bet there are a lot of people driving without licenses," said Sen. Jennie Forehand, D-Montgomery.

The state can reject the Real ID requirements, but that would mean Maryland licenses couldn't be used to enter federal buildings or board planes.

Kuo said a two-tier system, in which those without legal status could obtain a driver's license but not be federally compliant, is an alternative. But he said that would put an administrative and fiscal burden on MVA.

Real ID is expected to cost Maryland $30 million to implement. The federal government has given the state $1.1 million, with another $700,000 coming this fiscal year.

Delegate Ron George, R-Anne Arundel, again plans to submit a bill requiring legal status for driving licenses, pointing to the large number of foreign applicants at the MVA.