COLUMN: Real ID is a Real Threat to Freedom
In the name of fighting terror and providing national security, a law was enacted that will greatly impact the future of American citizens. That law is the Real ID Act. Fortunately, the implementation of this law has been delayed – but it has not been stopped.
The Real ID Act was first introduced in the House of Representatives in 2005. On its own, it failed to gain support. To ensure its passage, its supporters slipped it into a bill that also provided funding for the Iraq war and tsunami relief. This strategy worked, and the act passed in the House. The Senate approved this act just five days later. There was little debate on this act, and no “up or down” vote was taken on it alone. The president signed this act into law in May 2005.
Among other things, the Real ID Act creates federal standards for state-issued driver’s licenses and ID cards. The law dictates what documentation individuals must provide in order to obtain a Real ID compliant ID card or driver’s license. The law also directs what information must be displayed on the cards, as well as mandating the use of a 2-D bar code to hold additional information. Congress also granted the secretary of the Department of Homeland Security the authority to create additional requirements as to what must be displayed on the card.
The law also specifies that, at minimum, an individual’s name, date of birth, Social Security number and physical characteristics must be included in a state’s database. States are required to link this database to those of other states, allowing all states to access this information. Originally, a provision was also included that would have made this information available to the governments of Mexico and Canada. Fortunately, this provision did not make it into the law.
Claims have been made that the participation of states in this program is optional. This is only partially true. It is true that states can not be forced to implement the federal guidelines in issuing driver’s licenses. However, according to the Federal Register, “Effective December 1, 2017, anyone seeking to use a state-issued driver’s license or identification card for official purpose, including boarding of commercial aircraft, must have a Real ID-compliant card.” The Federal Register currently defines “official purposes” as boarding commercial aircraft, using federal facilities or entering nuclear power plants. However, authority was granted to the Secretary of Homeland Security to dictate other areas in which Real ID compliant identification must be used.
The citizens of states which have refused to comply with the federal standards may have to use passports instead of state-issued drivers licenses to enter a federally regulated aircraft or use federal facilities, as early as May of this year.
Under the law, states will still be allowed to issue non-Real ID compliant identification. However, these cards must be clearly marked to identify them as non-compliant with the federal regulations. Federal agencies will not be allowed to accept these cards for official purposes.
This measure has been promoted as an effective tool to combat terrorism that has been made essential after the 9/11 attacks. However, the creation of federal standards for state-issued identification is not new. A similar bill was presented in Congress in 1996.
The creation of national standards for state-issued identification, as well as a national database holding sensitive personal information, creates several problems.
The privacy of American citizens could be severely compromised by the creation of a central database containing sensitive personal information. Also, it may be possible for private businesses and government agencies to obtain sensitive information from the bar codes that will be included on the cards.
The imposition of federal standards for the issuing of drivers licenses greatly infringes on the rights of states to govern in their internal affairs. This violates an important principle of federalism by taking important authority from the states and placing it in the federal government.
The law also gives the secretary of the Department of Homeland Security a great deal of power in determining key aspects of the Real ID program.
This also opens the way for the federal government to monitor American citizens, helping to transform our republic into an authoritarian police state. The Department of Homeland Security has contemplated the inclusion of technology on these cards that would make this possible.
A great deal of burden will be placed on the states and law-abiding citizens by the Real ID program. The Department of Homeland Security is asking Americans to accept this burden, with the assurance that these measures will somehow make us safer from terrorism. However, many critics of the new program have questioned how well it will really work in stopping potential terrorists.
Several states have spoken out against this dangerous extension of government power and have passed laws prohibiting their agencies from implementing this program. They deserve our support. It is time that we became more aware of this threat and the impact it will have on our future. There is still time to stop this – but we must act now.
Colby Lyons is a senior majoring in law and constitutional studies. Comments can be sent to him at c.lyons@aggiemail.usu.edu