Final Regulations on REAL ID

Some sample REAL ID Final Rule: Questions & Answers


Can States issue REAL IDs to illegal aliens?
No. The Act specifies that States must verify an applicant’s lawful status in the United States before issuing a REAL ID license or card. The Act does not prohibit States from issuing other, non-compliant, forms of driver’s licenses and State identification. However, non-compliant REAL IDs cannot be accepted by Federal agencies for official purposes and must be clearly marked as not acceptable for official federal purposes.


How is the public’s usage of Driver’s Licenses and Identification Cards when interacting with the Federal government going to change?
In the future, individuals may use a State-issued driver’s license or identification card to board a commercial aircraft, gain access to a federal facility, or enter a nuclear power plant only if it is REAL ID-compliant.


Is REAL ID a Federal Mandate?
REAL ID is not a Federal Mandate, and States are not required to participate. The REAL ID Act simply establishes minimum standards that States must meet for their driver’s licenses and identification cards to be accepted for official federal purposes like boarding a commercial aircraft or entering a Federal facility.

What will be the impact on individual citizens of non-compliant States?
Per the REAL ID Act, beginning on May 11, 2008, citizens of States that are not REAL ID compliant may not use their driver’s licenses or identification cards for official federal purposes such as boarding federally regulated commercial aircraft or accessing federal or nuclear facilities. If these citizens do not have other acceptable forms of identification (e.g., a U.S. passport), they may suffer delays due to the requirement for enhanced security screening. REAL ID-compliant States are those that have both requested and obtained an extension of the compliance date from DHS, or have been determined by DHS to be in compliance with the Act and the final rule.

Will States be granted additional time to comply?
Yes. All States submitting requests will receive extensions until December 31, 2009. In addition, States that meet certain benchmarks for the security of their credentials and licensing and identification processes will be able to obtain a second extension until May 10, 2011. The content of these benchmarks are included in the final rule. The benchmarks include:

• Presentation of at least one of the required source documents
• Verification of lawful status and Social Security numbers
• Issuance of driver’s licenses or identification cards that contain integrated Level 1 (overt), 2 (covert) and 3 (forensic) security features
• Photographs of all applicants even if a license or identification card is not issued
• Reasonable efforts to ensure that applicants do not have multiple licenses or multiple identities

Federal agencies will continue to accept licenses for official purposes from those States who have been granted extensions.


When will participating States be required to be fully compliant?
States that meet the interim benchmarks of Material Compliance will have until May 10, 2011 to comply with the provisions of the REAL ID Act. Federal agencies will continue to accept licenses for official purposes from those States who have been granted extensions.