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POSTED SEPTEMBER 22, 2005    Print this Story 

The Real ID Is Really Coming
New Federally-Approved ID Card Hits Town In 2008

By Mark Mitchell

Editor’s note: The following is the first in a two-part series dealing with the recently passed Real ID Act. The second part, which will be based upon an interview with Appalachian State University political science professor Matthew Robinson, and contain reaction from the community, will appear in the Sept. 29 edition of The Mountain Times.



Ready or not, the time for the Real ID Act has arrived. What’s the Real ID Act and why should I care? In a nutshell, the Real ID Act, which was passed by both the House of Representatives and the Senate, and promptly signed into law by President Bush, is a federally-approved ID card that will basically be impossible to live without.

Beginning in 2008, if you live or work in the United States, you will need the ID to open a bank account, collect Social Security payments, travel on an airplane, drive, open a video rental account or use any government agency.

Practically speaking, your driver’s license will have to be reissued to meet federal standards. The Department of Homeland Security has the power to set these standards and determine if state driver’s licenses can be conformed to a Real ID, or if a new license is needed. The new IDs will require, at a minimum: name, sex, ID number, birth date, a digital photograph, and a common machine-readable technology that Homeland Security will decide on. In addition, Homeland Security is allowed to impose additional requirements such as fingerprints or a retinal scan.

Voted down in the fall of 2004, the Real ID Act was tacked onto 2005 Emergency Supplemental Appropriations for Defense, the Global War on Terror and Tsunami Relief legislation. Because of the political liability politicians would face in voting against money that would go to the troops in Iraq and tsunami relief, the act passed easily.

The legislation, however, is an unfunded mandate, which means states will need to come up with the money to implement the new directives on their own. Estimates of the compliance range from $80 to $100 million for these electronically-readable ID cards.

Individuals can still acquire the ID cards through state motor vehicle agencies, but the identification process will be more strenuous. You will need to bring a photo identity document, document your birth date and address, and show that your Social Security number is what you had claimed it to be. U.S. citizens will have to prove that status, and foreigners will have to produce a valid visa. Addresses cannot be P.O boxes, possibly causing problems for individuals who fear for their safety like judges, police officers and domestic violence victims.

State DMVs will be required to verify that these documents are legitimate, digitize them and store them permanently.

So why has the time of a Real ID arrived? Supporters of the legislation say the new IDs toughen standards for getting a driver’s license and therefore provide protection against illegal immigrants and terrorists. The bill was presented on the heels of findings by the 9/11 Commission, which in summation, suggested the federal government take the lead in terms of the standards required to issue birth certificates and sources of identification, such as driver’s licenses. The 9/11 Commission maintained that the forgery of birth certificates and the ease in which individuals could get state IDs is part of a scenario that could lead to events such as 9/11.

The Real ID Act, sponsored by House Judiciary Committee chairman James Sensenbrenner (R-Wisconsin), was introduced on Jan. 26, 2005 and is not without opposition.

More than 600 organizations have expressed concern over the bill. The American Association of Motor Vehicle Administrators, the American Library Association for Computing Machinery, the National Council of State Legislatures, the American Immigration Lawyers’ Association and the National Governors’ Association are a few of these.

Civil liberties groups, concerned with privacy violations, argue that the IDs will increase the power of the government and fear the dehumanizing effects of laws enacted as a result. Concerns also involve administrative problems, the opportunities for criminal mischief and the potential irreversibility of such a system.

One source of concern is the possibility that Homeland Security will include a radio frequency identification chip on the IDs. Such implementation would allow the government to track the location of both the cards and people. Technology pundits and privacy organizations view this possibility as a violation of personal privacy, and also see the concept as a whole as an opportunity for identity thieves to thrive. Critics also say the reality of the program will be seen at motor vehicle agencies in the form of longer lines.

Once Real ID is fully functioning, DMVs in all 50 states will share information in a common database and may also verify information with federal databases.

States theoretically could choose not to comply with the Real ID Act standards, but residents of those states would not be allowed to use their license as identification to acquire federal benefits, such as Social Security or veteran’s benefits.

Proponents of the bill maintain that the Real ID Act follows the recommendations of the 9/11 Commission and will frustrate both terrorists and illegal immigrants.

No matter what side of the fence you find yourself concerning the Real ID Act, one thing is certain, the Real ID fence has been built.




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