The REAL ID ACT a Real Bad IDea

REPEAL REAL ID

Mar 7, 2007 Richard Cleary

The Real ID Act is analyzed, where it came from, the concerns that have been raised about it and the current status of the law

In May 2005 a little noticed provision was attached to a supplemental spending bill relating to U.S. forces in Iraq and tsunami victims. There was no debate in Congress on this tiny portion of the larger bill and the provision became law – the Real ID Act. This Act flies in the face of a long history of protecting the privacy of U.S. citizens and a long-standing fight against a national identification card.

The Real ID Act required, by 2008, that all states reissue drivers’ licenses and mandated drivers provide several private and identifying documents to get those licenses. Further, the act required that the identifying documents be stored on a database and be shared with the federal government. Some state officials realized the implications of the Real ID act and began to raise concerns. Initially they fell on deaf ears from the Bush administration. The legislature in the State of Maine led the way in making the concerns heard in Washington.

On January 25, 2007 the 123rd Legislature of the State of Maine voted 171 -4 (137 Representatives voted in favor and 4 voted against; 34 Senators voted in favor and 0 voted against) to pass a “Joint Resolution Memorializing the President of the United States and the Congress of the United States to Repeal the Real ID Act of 2005” In summary, the resolution stated that the Real ID Act of 2005 mandates an unfunded national driver’s license on Mainers, that it would cost the Maine taxpayers approximately $185 million and the Real Id database would invite identity theft and invasion of privacy.

Maine became the first state in the nation to take such an action, but others soon followed. Thirty-eight states and counting rebelled against the program causing the federal lawmakers to take notice. "On the one hand [Congress] thinks it vitally important that we remain steadfast in our support for more secure IDs. On the other hand, we can't simply ignore the rising tide of discontent at the state level," said David Marin, Republican staff director of the Committee on Oversight and Government Reform, in Washington. Maine, however, again led the way on the federal stage.

Senator Susan Collins (R-ME) introduced legislation to delay implementation of the Real ID Act until December of 2009. U.S. House of Representatives, Representative, Thomas Allen (D-1st District ME) introduced legislation on March 1, 2007 to repeal the Real Id Act altogether. The Department of Homeland Security (DHS), on March 1, 2007, the same day that Representative Allen introduced his repeal legislation, announced its proposed rules for Real ID, which included an agreement the Department made with Senator Susan Collins to give states more time to implement the new regulations. DHS also agreed to reestablish a rulemaking committee in order to allow states and other interested parties to have a formal role in the rulemaking process. The Real ID Act of 2005 was a real bad idea that will finally be aired in public and the concerns of Maine citizens and others will finally be fully heard.

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