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Tag Archive for 'Real ID'

Maine’s Compliance with Real ID Effective Saturday

After Saturday, anyone seeking to obtain or renew a Maine license or identification card will have to prove their legal presence in the United States — even if they’ve lived here all their lives and are well-known by the people processing their request.

The change, which is related to the state’s reluctant compliance with the federal Real ID law

The Ellsworth American – Maine’s Compliance with Real ID Effective Saturday.

Last spring, I blogged a lot about Real ID.  It has kind of flown under the radar recently, but here is some news that makes me a little sad.  While many states have passed legislation against Real ID, it appears that Maine will start implementing the law this week.

I’ll be on the look out for more news of this nature, but let us hope it doesn’t come!

Maine’s Concession?

Well, I have fallen behind on update the spencerb.net-o-sphere on Real ID, but I will give you a quick catch up that divulges to you most of my knowledge.

First of all, March 31, 2008 was the deadline for states to file for an extension. Several states including South Carolina, Maine, New Hampshire and Montana held out to the end. Keep in mind that filing for an extension is by no means a commitment to enforcing this law. A larger number of states including New Hampshire, Maine, South Carolina, Oklahoma, Washington and Montana have expressed their hesitancy toward enacting Real ID.

I found this paragraph of the above linked the cnet news article particularly interesting:

In political terms, that’s a long time–and a new presidential administration–away. Some opponents of Real ID are already predicting that no state will actually comply with the deadline, or, alternatively, the next administration will find a way to quietly dispose of Real ID without much fanfare.

The justification for this argument is that in order for the Department of Homeland Security to not look completely silly they took the promises of Governors as enough to grant an extension until December 31, 2009. The May 11, 2008 deadline for enactment will be enforced for 0 of the 50 states. When Maine was threatening non-compliance for the May 11, 2008 DHS countered that Maine citizens would no longer fly. What sort of world would the U.S. have descended into if we restricted the citizens of Maine from flying on commercial airliners. I am sure that would have been great for the airline industry bottom line, not to mention basic rights of U.S. citizens.

What Does it Mean to Oppose Real ID?

I was reading over an article titled Colorado Opposes Real ID Plan
and I got excited at the prospect of another state outright rejecting the plan. Then I read on:

On a February 1 deadline, the Department of Homeland Security (DHS) granted Colorado’s request for an extension regarding the Real ID plan. The extension gives Colorado until January 1, 2010 to comply with the law. However, in a somewhat confusing situation, the DHS says it will not enforce Real ID until that date for all states because so many are opposed to it, while still requiring states to request extensions if they claim difficulty reaching compliance. The original start date for Real ID was May 11, 2008. 39 states have opposed Real ID either by receiving extensions, or by approving or proposing resolutions in their legislatures.

There seems to be some confusion that filing for an extension is an opposition. I guess in the sense that one could apply for an extension with the belief that the plan would be derailed in the future, but I think the likely reason is that it is not feasible. Hopefully, this discrepancy is clarified as reporting continues.

Is an Illinois Driver’s License Real ID-compliant?

The Illinois DMV says:

Is this a “Real ID” Compliant Card?
The federal government has not yet issued any federal regulations for the Real ID Act. While this card contains features that we expect will be included in these future regulations, this card is not related to the Real ID Act.

When the regulations are issued, Illinois will determine if any additional changes are needed when those regulations take effect. Until then, Illinois will continue to make improvements to meet the immediate needs for technology upgrades and the challenges of ensuring card security.

This answer worries me as far as Illinois’s propensity to implement the Real ID Act.

S. 563 02/13/08 Senate Real ID Extension Bill

To extend the deadline by which State identification documents shall comply with certain minimum standards and for other purposes. (Introduced in Senate)
S 563 IS

110th CONGRESS
1st Session
S. 563
To extend the deadline by which State identification documents shall comply with certain minimum standards and for other purposes.
IN THE SENATE OF THE UNITED STATES

February 13, 2007

Ms. COLLINS introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs


A BILL
To extend the deadline by which State identification documents shall comply with certain minimum standards and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. MINIMUM DOCUMENT REQUIREMENTS.

    Section 202(a)(1) of the REAL ID Act of 2005 (49 U.S.C. 30301 note) is amended by striking `3 years after the date of the enactment of this division’ and inserting `2 years after the promulgation of final regulations to implement this section’.

SEC. 2. AUTHORITY TO EXTEND COMPLIANCE DEADLINES.

    Section 205(b) of the REAL ID Act of 2005 (49 U.S.C. 30301 note) is amended–
  •  
      (1) by striking `The Secretary’ and inserting the following:
  •  
      `(1) IN GENERAL- The Secretary’; and
  •  
      (2) by adding at the end the following:
  •  
      `(2) LACK OF VALIDATION SYSTEMS- If the Secretary determines that the Federal or State electronic systems required to verify the validity and completeness of documents under section 202(c)(3) are not available to any State on the date described in section 202(a)(1), the requirements under section 202(c)(1) shall not apply to any State until adequate electronic validation systems are available to all States.’.

SEC. 3. NEGOTIATED RULEMAKING.

    (a) Negotiated Rulemaking Committee- The Secretary of Homeland Security shall reconvene the committee originally established pursuant to section 7212(b)(4) of the 9/11 Commission Implementation Act of 2004 (49 U.S.C. 30301 note), with the addition of any new interested parties, including experts in privacy protection, experts in civil liberties and protection of constitutional rights, and experts in immigration law, to–
  •  
      (1) review the regulations proposed by the Secretary of Homeland Security to implement section 202 of the REAL ID Act of 2005 (49 U.S.C. 30301 note);
  •  
      (2) review the provisions of the REAL ID Act of 2005;
  •  
      (3) submit recommendations to the Secretary of Homeland Security regarding appropriate modifications to such regulations; and
  •  
      (4) submit recommendations to the Secretary of Homeland Security and Congress regarding appropriate modifications to the REAL ID Act of 2005.
    (b) Criteria- In conducting the review under subsection (a)(1), the committee shall consider, in addition to other factors at the discretion of the committee, modifications to the regulations to–
  •  
      (1) minimize conflicts between State laws regarding driver’s license eligibility;
  •  
      (2) include procedures and requirements to protect the Federal and State constitutional rights, civil liberties, and privacy rights of individuals who apply for and hold driver’s licenses and personal identification cards;
  •  
      (3) protect the security of all personal information maintained in electronic form;
  •  
      (4) provide individuals with procedural and substantive due process, including rules and right of appeal, to challenge errors in data records contained within the databases created to implement section 202 of the REAL ID Act of 2005;
  •  
      (5) ensure that private entities are not permitted to scan the information contained on the face of a license, or in the machine readable component of the license, and resell, share, or trade such information with third parties;
  •  
      (6) provide a fair system of funding to limit the costs of meeting the requirements of section 202 of the REAL ID Act of 2005;
  •  
      (7) facilitate the management of vital identity-proving records; and
  •  
      (8) improve the effectiveness and security of Federal documents used to validate identification.
    (c) Rulemaking- To the extent that the final regulations to implement section 202 of the REAL ID Act of 2005 do not reflect the modifications recommended by the committee pursuant to subsection (a)(3), the Secretary of Homeland Security shall include, with such regulations in the Federal Register, the reasons for rejecting such modifications.
    (d) Reports- Upon submitting recommendations to the Secretary of Homeland Security under subsection (a), the committee shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that includes–
  •  
      (1) the list of recommended modifications to the regulations that were submitted to the Secretary of Homeland Security under subsection (a)(3); and
  •  
      (2) a list of recommended amendments to the Real ID Act of 2005 that would address any concerns that could not be resolved by regulation.

Link

Real ID Civil Liberties Issues

Good summary of civil liberties issues considering Real ID from the Atlanta Journal Constitution (AJC) on Feb 6, 2008:

If, as proposed in the law, a person must have a Real ID Act-compliant card in order to access a federal building, access any regulated or interstate mode of transportation, or obtain any federal benefit, then we have surrendered to the federal government (that is, federal bureaucrats) the power to deny citizens all manner of activities guaranteed in the Bill of Rights. Consider:

* A person not possessing a Real ID Act-compliant identification card could not enter any federal building, or an office of his or her congressman or senator or the U.S. Capitol. This effectively denies that person their fundamental rights to assembly and to petition the government as guaranteed in the First Amendment.
* A person seeking to exercise their right to keep and bear arms as guaranteed by the Second Amendment could henceforth be denied that ability if they do not possess a precious Real ID card, because the federal bureaucracy known as the Bureau of Alcohol, Tobacco, Firearms and Explosives probably will decree that such a form of identification is necessary to meet federal requirements for purchasing a firearm.
* Very possibly the Real ID card will be required in order to vote in any election for federal office.
* A veteran may be denied access to a VA hospital because he or she lacks the requisite Real ID card, perhaps because they did not have the money required to purchase it or because they could not locate the background forms the Department of Homeland Security required to obtain one.
* A business traveler, unable to afford to travel by private jet, is denied the ability to make a living because their job requires air travel and they do not have a Real ID card — even though they demonstrably pose no danger whatsoever to their fellow travelers.
* Even though individual states, such as Georgia, may provide greater legal protection for private information of its residents than other states or the federal government, this will mean nothing in the Real ID Act world, because all the data under that law will be subject to the lower federal standards, thereby subjecting residents to a higher likelihood of identity theft than they would risk under the laws of their state.
* And, they would have no recourse to correct erroneous data, or prevent identity theft pursuant to the Real ID regulations.

Total Estimated Cost of Real ID

Well, I did not expect to be frequently referencing something that the ACLU put out, but here is an interesting number and comment from the National Conference of State Legislatures:

Even combined with about $80 million in federal dollars already in place to pay for Real ID implementation, the funding would fall far short of the projected cost – estimated by the Department of Homeland Security to fall between four and 23 billion dollars – for the constitutionally suspect driver’s license program. States are left to fend for themselves to comply with the unfair, unworkable demands of the Real ID Act. The National Conference of State Legislatures, a bipartisan coalition of state legislators, expressed outrage at the paltry funding request, calling it the “most egregious example” of unfunded federal mandates.

From the National Conference of State Legislatures site:

Real ID: The budget proposal includes $50 million for federal verification system development and connectivity support. The $50 million state-focused Real ID grant program created in FY2008 is zeroed out in favor of a new $110 million National Security and Terrorism Prevention Grant program. The program provides competitive grants to specific state and local agencies to support proposals which address national vulnerabilities identified by the Secretary as priorities, which may include the Real ID. The Department of Homeland Security estimates the state cost of implementation to be no more than $4.0 billion.

Does Real ID Stop Terrorism?

The LA Times Editorial section sheds some light on Feb 7, 2008 on whether or not Real ID will meet its proclaimed security goals:

Let’s imagine that Real ID was in place on 9/11. Would it have prevented the 19 hijackers from boarding those four planes? No. The hijackers had legal documentation that would have allowed them to get driver’s licenses even under the provisions of Real ID. Terrorist organizations are vast, complex, highly trained and well funded. They have the resources and know-how to make some of the best forged documents in the world or recruit people who can get valid documents. This is not to say that we should just give up, but we certainly shouldn’t be fooled into thinking that new documents are going to fully protect us.

Only adding to the ridiculousness of the law is the fact that we’ll end up having to trust DMV workers to make important national security decisions, like whether or not someone’s documents are valid. If you think waiting in line at the DMV is bad now, wait until you have to get your Real ID.

I tend to agree that adding more bureaucracy to the DMV is not a good idea. Especially in the context of decisions that supposedly will have an impact on national security.

This next paragraph made me laugh out loud a little bit. I do not believe our country has come to the point on immigration reform where we need to do it through a bill that was introduced, sat around, then tacked onto another bill and passed. Considering that this legislation is a burden on the states on the people (whip out your Constitution), it doesn’t make sense to play a game of duck, duck, gray duck to solve our immigration problem.

Only seven states allow undocumented immigrants to have a license, and yet undocumented immigration continues. The Real ID law does allow states the option of issuing licenses solely for the use of driving, but licenses must clearly state the limits of their use. Since only those without legal documentation are likely to ask for such a “driver’s license-only card,” these licenses might as well have “undocumented immigrant” emblazoned on them. Talk about a disincentive.

If we could count on illegal immigrants self-identifying under our current laws, I think they would have done it by now. Maybe there is proof that works, but it still leaves the larger question of how to handle immigrants unanswered.

This last paragraph from the anti-Real ID side of the editorial explains why this feeble attempt at solving an immigration problem does not work. People will need the right set of comprehensive incentives to identify themselves.

Wouldn’t we actually be safer if more, not fewer people had a driver’s license? Of course we would. A license certifies that an individual has taken a driver’s training course and has met a minimum standard of driving know-how. Unlicensed drivers, on the other hand, have no formal training and are thus generally more dangerous behind the wheel. According to the AAA Foundation for Traffic Safety, unlicensed drivers are five times more likely to be in a fatal crash than unlicensed drivers. So much for keeping us safe.

The editorial also takes up the other side of the issue.

Every modern society requires a system of identification — there’s simply no way to avoid that in a large, urbanized nation where few people live and work in the same community with the same neighbors their whole lives.

In most countries, that need for ID is filled by the central government with some form of national identification card. America’s more decentralized experience has led to a different result — a patchwork system of state driver’s licenses serving as our de facto national ID system.

“A patchwork system of state driver’s licenses…” To me this quote sounds exactly what the Constitution intended for the roles of the states. A policy laboratory where the states experiment and come up with the best system and if they find something innovative, other states following suit. The result – a de facto national policy. I think we need to ask a fundamental question: Do state ID’s need a federal stamp of approval? Currently, I have a Minnesota license and reside in Illinois. I drive around Chicago. I drive through Wisconsin to get home. If I were pulled over, I am certain that if I offered my license the state would be happy to fine me if I broke the law. I am no less a citizen of the United States for not having a Real ID. The way the Real ID Act is set up is to define our citizenship in terms of your identification. If you consider this bill worth its cost, the only arguments that come close would be for national security, in terms of immigration and terrorism. This very fact lends to my point that the purpose of this is to make being American represented by your identification.

I think part of the unique American experience is our federalist system. Maybe more on federalism later…

Does an ID Make You American?

The Heritage Foundation supports Real ID after the federal government pledges funds to support the states:

Creating a secure identity document is needed to help keep America safe, free, and prosperous. States should put the interests of their citizens first and implement Real ID. Congress and DHS can help speed the process by moving the first eligible states into the system as quickly as possible. Michigan, California, and North Carolina have set an example thus far. Once compliance is underway, momentum will build for other states to join; citizens will not want to be left out of a program that contributes to their safety and prosperity while protecting individual freedoms.

First, is a secure identity document necessary? Does anyone feel that their current state issued driver’s license and/or United States Passport are not secure documents. Let us address the latter first. If there is an inherent need for a secure identity document and the passport does not meet the requirement, I think DHS should take a look at that. Now the former. State issued driver’s licenses have been the standard form of ID during my lifetime and I have not heard any complaints of them yet. Obviously, that does not mean there are none, but I believe they are getting better and better as states develop them. I know Minnesota, for one, is proud of its licensing program.

A more metaphysical question whether or not being American and America have anything to do with a piece of plastic and a identification number in a databank. I would argue that there is no relationship and being American is much more than that. The interest of the people is not served by Real ID, I believe that 17 states refusing to comply is proof of that. If that is not enough, the Heritage Foundation can only name a handful of states ready to go along with this.

I think the American people and their state legislators have spoken loud and clear that this is something they don’t want. I think DHS and Congress have admitted this is something they don’t want to deal with.

DHS – Real ID Regulation

This article on the DHS website, more or less outlines Real ID and its justification. It is interesting to consider the concept of linking many databases that compile more information that before somehow leads to a decrease in identity theft. This site also lists the cost of Real ID as $8 per license, according to Chertoff. That is still $102,655,760 for Illinois to pay.

“The American public’s desire for greater identity protection is undeniable,” said Homeland Security Secretary Michael Chertoff. “Americans understand today that the 9/11 hijackers obtained 30 drivers licenses and ID’s, and used 364 aliases. 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.”

The problems that Americans face from document fraud are diverse and growing. A Public Opinion Strategies poll taken last year shows that more than 80 percent of the American public favors secure identification to prevent terrorism and identity theft. Identity theft has increased by nearly 800 percent from 2000 to 2006, according to the Federal Trade Commission. U.S. Immigration and Customs Enforcement made 863 criminal arrests during various worksite enforcement operations in fiscal year 2007 – more than 500 were charged with crimes relating to federal and state document fraud – and their Identity and Benefit Fraud Units made 1,211 criminal arrests for document fraud related charges. The U.S. Secret Service made 4,348 arrests last year for identity theft or financial fraud crimes, accounting for approximately $690 million in actual fraud loss to individuals and financial institutions. In a sampling of Secret Service identify theft cases from 2000 to 2006, fraudulent drivers’ licenses were used 35 percent of the time.

REAL ID will address document fraud by setting specific requirements that states must adopt for compliance, to include: (1) information and security features that must be incorporated into each card; (2) proof of the identity and U.S. citizenship or legal status of an applicant; (3) verification of the source documents provided by an applicant; and (4) security standards for the offices that issue licenses and identification cards.

It appears that the largest figure being touted around for funding is partly for Real ID and the rest belongs to general homeland security costs. $80 million dollars does not cover the cost of Illinois at the low estimate provided by DHS. They further justify the policy’s implementation by claiming costs have been reduced. It seems to me that this just delays costs down the road. Another government strategy to make something appear viable in the short term.

DHS is making approximately $360 million available to assist states with REAL ID implementation – $80 million in dedicated REAL ID grants and another $280 million in general funding as part of the Homeland Security Grant Program.

The 73 percent cost reduction – from an original estimate of $14.6 billion to approximately $3.9 billion – was achieved mainly by giving states greater flexibility in issuing licenses to older Americans. Enrollment will be completed for all individuals under 50 years of age by Dec. 1, 2014. For all others, enrollment may be extended three additional years to Dec. 1, 2017. At that time, all state-issued drivers’ licenses and identification cards intended for official federal purposes must be REAL ID compliant.



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