What is Real ID; is your state compliant; what if it isn’t?

Published: Thursday, October 19, 2017 @ 1:06 PM

What Is REAL ID?

A 2005 act that calls for states to install federal standards to issue identification documents has some travelers concerned that soon their driver’s license will not be accepted as proper id when traveling by air.

The REAL ID Act, passed after the 9/11 attacks as a measure to fight terrorism, has been rolled out in stages, with Jan. 22, 2018 being the target date for the last stage of the act to go into effect.

What is a Real ID, and what does it mean to you? 
The Department of Homeland Security offers these answers to the questions about the Real ID Act.

Q: What is REAL ID?
Passed by Congress in 2005, the REAL ID Act enacted the 9/11 Commission’s recommendation that the federal government “set standards for the issuance of sources of identification, such as driver's licenses.” The Act established minimum security standards for state-issued driver’s licenses and identification cards and prohibits Federal agencies from accepting for official purposes licenses and identification cards from states that do not meet these standards. States have made considerable progress in meeting this key recommendation of the 9/11 Commission and every state has a more secure driver’s license today than before the passage of the Act.

Q: What do I need to do if I am visiting a federal facility or a military base?
Visitors seeking access to military bases and almost all federal facilities using their state-issued driver’s licenses or identification cards must present proper identification issued by REAL ID compliant states or a state that has received an extension. When planning a visit to a federal facility or military base, visitors should contact the facility to determine what identification will be accepted.

Q: Will a federal agency accept my Enhanced Driver’s License?
Yes. State Enhanced Driver’s Licenses (EDLs) designated as acceptable border-crossing documents by DHS under the Western Hemisphere Travel Initiative are acceptable for official federal purposes such as accessing a federal facility or boarding a commercial aircraft. Individual agency policies may still apply.
Michigan, Minnesota, New York, Vermont and Washington are the only states that currently issue EDLs. For more information on EDLs, click here.

Q: REAL ID does NOT apply to the following:
-Entering Federal facilities that do not require a person to present identification
-Voting or registering to vote
-Applying for or receiving Federal benefits
-Being licensed by a state to drive
-Accessing health or life-preserving services (including hospitals and health clinics), law enforcement or constitutionally protected activities (including a defendant’s access to court proceedings)
-Participating in law enforcement proceedings or investigations

Q: When will I need to change how I travel domestically?

Starting Jan. 22, 2018, passengers who have driver’s licenses issued by a state that is not yet compliant with REAL ID and that has not received an extension will need to show an alternative form of acceptable identification for domestic air travel. Please see TSA’s website for a list of acceptable forms of identification. Passengers who have licenses issued by a state that is compliant or that has an extension to become compliant with REAL ID requirements may continue to use their licenses as usual. For a list of states already in compliance or with an extension visit DHS’s REAL ID webpage. DHS continually updates this list as more states come into compliance or obtain extensions. 

Starting Oct. 1, 2020, every air traveler will need to present a REAL ID-compliant license or another acceptable form of identification for domestic air travel. A REAL ID-compliant license is one that meets and is issued by a state that complies with, the REAL ID Act’s security standards. 

Travelers can check DHS’s REAL ID webpage at any time to learn if your state is compliant and can check with your state’s agency that issues driver’s licenses about how to acquire a compliant license. The earlier your state becomes compliant, the more likely you will be able to acquire a compliant license as part of the normal renewal cycle.

Q: Will minors need to have driver’s licenses to fly domestically?

TSA does not require children under 18 to provide identification when traveling with a companion within the United States. The companion will need acceptable identification.

Q: Is a passport my only other option if my state is not compliant?

No. TSA currently accepts several other forms of identity documents and will continue to do so. For more information on acceptable forms of identification for boarding aircraft, please see TSA’s website.

Q: What happens to travelers who show up without a compliant license? Will TSA turn them away?

DHS has been working with states for years around REAL ID compliance and has provided technical assistance, grants, and other support to them. The agency is also providing more than two years advance notice of implementation with respect to domestic air travel to allow ample time for all states to achieve compliance, or for potential air travelers to acquire an alternate form of ID if their state does not comply with REAL ID. 

Starting Jan. 22, 2018, travelers who do not have a license from a compliant state or a state that has been granted an extension (a complete list of non-compliant states/ territories can be found here) will be asked to provide alternate acceptable identification. If the traveler cannot provide an acceptable form of identification, they will not be permitted through the security checkpoint.

Starting Oct. 1, 2020, every traveler will need to present a REAL ID-compliant license or another acceptable form of identification for domestic air travel.

Q: Why are some states still not compliant? Isn’t this law?

REAL ID is a mandate on federal agencies, restricting the circumstances under which they may accept state-issued driver’s licenses and identification cards for official purposes. Participation by states is voluntary, although federal agencies are prohibited from accepting driver’s licenses or identification cards from noncompliant states for official purposes (e.g., boarding aircraft, accessing federal facilities, and entering nuclear power plants).

Q: How does REAL ID implementation impact states that provide driver’s licenses and IDs to certain non-citizens/undocumented immigrants?

REAL ID allows compliant states to issue driver’s licenses and identification cards where the identity of the applicant cannot be assured or for whom lawful presence is not determined. In fact, some states currently issue such noncompliant cards to undocumented individuals. These cards must clearly state on their face (and in the machine-readable zone) that it is not acceptable for official purposes and must use a unique design or color to differentiate them from compliant cards. DHS cautions against assuming that possession of a noncompliant card indicates the holder is an undocumented individual, given that several states issue noncompliant licenses for reasons unrelated to lawful presence. 

16 to 18 year old girl just received her driver license(CursedSenses/Getty Images/iStockphoto)

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Man injured while taking selfie arrested on outstanding burglary charge

Published: Wednesday, June 20, 2018 @ 10:39 AM

Man Injured Taking Selfie Arrested On Outstanding Burglary Charge

A man in Texas injured while taking a selfie ended up with a mug shot.

>> Read more trending news 

Galveston police told KHOU that Billy Pettice, 38, was rescued Friday from the Gulf Intracoastal Waterway after falling 40 feet while trying to take a selfie. 

Pettice was hospitalized and treated for broken ribs. While in the hospital, authorities ran a warrant check and discovered that Pettice was wanted on a misdemeanor burglary charge in Louisiana, KHOU reported.

After his release from the hospital, Pettice was arrested on the outstanding warrant, police said.

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Gunmen followed family 80 miles from shopping center to rob them, police say

Published: Wednesday, June 20, 2018 @ 4:02 PM

Brittany McEntire said the two men ran up her driveway and took her two Louis Vuitton diaper bags and demanded all of her jewelry, including her late father’s ring that she cherishes, after following her 80 miles from a shopping center.
WSBTV.com
Brittany McEntire said the two men ran up her driveway and took her two Louis Vuitton diaper bags and demanded all of her jewelry, including her late father’s ring that she cherishes, after following her 80 miles from a shopping center.(WSBTV.com)

A woman said she was robbed at gunpoint in her own driveway after driving 80 miles home from a shopping trip.

Police believe the robbers may have followed her from the shopping center in Atlanta to her home in Dalton.

Brittany McEntire told WSB that two men robbed her at gunpoint about three weeks ago. Her mother, husband and three children were also in the driveway. 

>> Read more trending news 

McEntire said the two men ran up the driveway and took her two Louis Vuitton diaper bags and demanded all of her jewelry, including her late father’s ring that she cherishes.

She said the whole robbery took less than a minute, but she has not regained her peace of mind.

“I could’ve lost my whole family if they had started shooting,” McEntire told WSB.

The suspects allegedly followed McEntire from Buckhead for about two hours in an unidentified white car, police said.

McEntire said she is unsure why she was targeted because she did not take home many bags from the store. 

“It was not a shopping spree,” McEntire said.

Police believe the men will try to follow and rob more people.

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Trump signs executive order ending migrant family separations

Published: Wednesday, June 20, 2018 @ 4:01 PM
Updated: Wednesday, June 20, 2018 @ 4:01 PM

Watch – President Trump Signs Executive Order Ending Migrant Family Separations

President Donald Trump on Wednesday signed an executive order ending his administration’s policy of separating children from parents at the U.S.-Mexico border amid global criticism of the practice.

Update 4 p.m. EDT June 20: White House officials on Wednesday afternoon released the full text of the executive order signed by the president.

>> Trump ends migrant family separations: Read the executive order

In it, Trump directed officials to detain migrant families together. Officials have come under fire in recent months after reports surfaced that migrant children were being taken from their parents at the border.

The order did not address what will happen to children and parents who are currently separated and in government custody.

Update 3:20 p.m. EDT June 20: Trump signed the order, which will keep families together but continue the administration’s “zero tolerance” immigration policy, on Wednesday afternoon.

>> From Jamie Dupree: President Trump to reverse course on immigrant family separations

“We're keeping families together and this will solve that problem,” Trump said. “At the same time we are keeping a very powerful border and it continues to be a ‘zero tolerance,’ we have zero tolerance for people who enter our country illegally.”

Original report: Trump told reporters Wednesday that he will “be signing something in a little while” to address family separations at the U.S.-Mexico border.

>> Read more trending news

“We want to keep families together, it’s very important,” Trump said. "I’ll be doing something that’s somewhat preemptive and ultimately will be matched by legislation I’m sure.” 

It was not immediately clear what the president planned to sign. Trump has repeatedly called on Congress to change laws that he says mandates the family separations. There is no law that requires children be separated from parents at the border.

He blamed Democrats for the continued separations in a Wednesday morning tweet, but he added that he was “working on something.”

The Associated Press reported Wednesday that Homeland Security Secretary Kirstjen Nielsen was drafting an executive action for Trump that would allow the Department of Homeland Security to keep migrant families together at the border.

Nielsen does not believe Congress will act to resolve the issue of migrant family separations, the AP reported, citing two unidentified sources familiar with the matter. She’s working with officials from other agencies, including the Justice Department and the Department of Health and Human Services, to draft the executive action. 

The Trump administration in April directed prosecutors to pursue cases against all people suspected of crossing the border illegally as part of a “zero tolerance” immigration enforcement policy. Parents have been separated from their children as they face prosecution.

Nearly 2,000 children were separated from their families over a six-week period in April and May, according to the Department of Homeland Security.

The executive action Nielson is drafting “wouldn’t end the zero tolerance policy, but would aim to keep families together and ask the Department of Defense to help house the detained families,” according to the AP.

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Trump ends migrant family separations: Read the executive order

Published: Wednesday, June 20, 2018 @ 3:51 PM

President Donald Trump holds up the executive order he signed to end family separations, during an event in the Oval Office of the White House in Washington, Wednesday, June 20, 2018.
AP Photo/Pablo Martinez Monsivais
President Donald Trump holds up the executive order he signed to end family separations, during an event in the Oval Office of the White House in Washington, Wednesday, June 20, 2018.(AP Photo/Pablo Martinez Monsivais)

President Donald Trump on Wednesday signed an executive order to end his administration’s controversial policy of separating migrant children from adults suspected of crossing the border into the United State illegally.

>> Read more trending news

The Trump administration in April directed prosecutors to pursue cases against all people suspected of crossing the border illegally as part of a “zero tolerance” immigration enforcement policy. Parents have been separated from their children as they face prosecution, including nearly 2,000 children separated from their families over a six-week period in April and May, according to the Department of Homeland Security.

>> From Jamie Dupree: Trump stops family separations, keeps ‘zero tolerance’ at border

What You Need to Know: 'Zero Tolerance' Immigration Policy
Read the full text of the order:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., it is hereby ordered as follows:

Section 1Policy. It is the policy of this Administration to rigorously enforce our immigration laws. Under our laws, the only legal way for an alien to enter this country is at a designated port of entry at an appropriate time. When an alien enters or attempts to enter the country anywhere else, that alien has committed at least the crime of improper entry and is subject to a fine or imprisonment under section 1325(a) of title 8, United States Code. This Administration will initiate proceedings to enforce this and other criminal provisions of the INA until and unless Congress directs otherwise. It is also the policy of this Administration to maintain family unity, including by detaining alien families together where appropriate and consistent with law and available resources. It is unfortunate that Congress’s failure to act and court orders have put the Administration in the position of separating alien families to effectively enforce the law.

Sec2Definitions. For purposes of this order, the following definitions apply:

(a) “Alien family” means

(i) any person not a citizen or national of the United States who has not been admitted into, or is not authorized to enter or remain in, the United States, who entered this country with an alien child or alien children at or between designated ports of entry and who was detained; and

(ii) that person’s alien child or alien children.

(b) “Alien child” means any person not a citizen or national of the United States who

(i) has not been admitted into, or is not authorized to enter or remain in, the United States;

(ii) is under the age of 18; and

(iii) has a legal parent-child relationship to an alien who entered the United States with the alien child at or between designated ports of entry and who was detained.

 Sec3Temporary Detention Policy for Families Entering this Country Illegally. (a) The Secretary of Homeland Security (Secretary), shall, to the extent permitted by law and subject to the availability of appropriations, maintain custody of alien families during the pendency of any criminal improper entry or immigration proceedings involving their members.

(b) The Secretary shall not, however, detain an alien family together when there is a concern that detention of an alien child with the child’s alien parent would pose a risk to the child’s welfare.

(c) The Secretary of Defense shall take all legally available measures to provide to the Secretary, upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.

(d) Heads of executive departments and agencies shall, to the extent consistent with law, make available to the Secretary, for the housing and care of alien families pending court proceedings for improper entry, any facilities that are appropriate for such purposes. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.

(e) The Attorney General shall promptly file a request with the U.S. District Court for the Central District of California to modify the Settlement Agreement in Flores v. Sessions, CV 85-4544 (“Flores settlement”), in a manner that would permit the Secretary, under present resource constraints, to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.

Sec4Prioritization of Immigration Proceedings Involving Alien Families. The Attorney General shall, to the extent practicable, prioritize the adjudication of cases involving detained families.

Sec5General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,

June 20, 2018.

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