REAL ID enforcement deadline looms for states

After years of delays and blown deadlines, as of Wednesday, May 7, domestic travelers in the United States and those wishing to enter federal buildings will need their identification card to be REAL ID-compliant.

The Transportation Security Administration announced earlier this month it would begin full REAL ID enforcement. Adam Stahl, TSA senior official performing the duties of the administrator, said in a statement at the time that REAL ID “bolsters safety by making fraudulent IDs harder to forge, thwarting criminals and terrorists.”

In an accompanying video, Homeland Security Secretary Kristi Noem said the new IDs “keep our country safe, because they help prevent fraud and enhance security.” The National Commission on Terrorist Attacks Upon the United States, known as the 9-11 Commission, first proposed enhanced identification cards in its reports after the 2001 terrorist attacks, then Congress passed the Real ID Act in 2005.

That legislation established minimum security standards for license issuance and production, and a REAL ID compliant with those standards is marked by a star in the top-right corner. Americans will still be able to travel or visit federal facilities using their passports, but the impending deadline has set off something of a scramble in several states who are looking to get as many people in compliance as possible.

Originally intended to go into effect in 2008, full enforcement of the 2005 law has been delayed several times by DHS, including due to the COVID-19 pandemic. But the delays are over, and residents need to get in compliance, although the TSA said that 81% of those at their checkpoints already present acceptable identification. The agency also will allow mobile driver’s licenses once REAL ID goes into effect.

It appears there is a long way to go, however. A recent data analysis by CBS found that at least 17 states are less than 50% compliant with the law, while 30 states are less than 70% compliant. At 17%, New Jersey had the lowest compliance rate of any state, according to CBS, although 12 states and Washington, D.C., reported compliance rates above 90% and seven states said they are almost entirely compliant.

The burden to make up the shortfall is on states’ Departments of Motor Vehicles, which issue REAL IDs. Several states are opening their DMV offices for longer hours and on more days, although some are reporting seeing long lines as people scramble to get a compliant ID.

And several states have tried to make things easier on their residents, where possible. The Pennsylvania House of Representatives passed a bill late last month to expand the number of documents that would be eligible for use in a REAL ID application. The legislation, which has moved to the Pennsylvania Senate, would require the Pennsylvania Department of Transportation to accept a wider variety of documents to verify an applicant’s Social Security number beyond just their Social Security card, including tax forms and certain pay stubs.

“Current federal law severely limits the ability of states to make changes to their respective REAL ID application processes,” state Rep. Kerry Benninghoff, a Republican who authored the bill, said in a statement. “With the date looming for Pennsylvanians to get a REAL ID, my legislation would simply allow applicants to present multiple forms of identification.”

Others have taken a different approach. In a late April letter to Noem, 27 Republican members of the Kentucky Senate called for a delay to the enforcement date, amid what they called “growing concerns” about limited appointments and long lines for walk-ins at the state’s driver licensing regional offices.

“This simple request is to protect Kentuckians from bureaucratic burdens,” State Sen. Jimmy Higdon, a Republican who chairs the Senate Transportation Committee, said in a statement. “Rural residents, seniors, and families still have hurdles in front of them, and in a lot of cases, may not be aware of their options. Only about 40 percent of our residents have a REAL ID, but I would also like more time to help Kentuckians understand that they may not need a REAL ID. Kentucky has made a good faith effort, but we just aren’t there yet.”

As of May 7, TSA said travelers who are without a REAL ID will face “additional screening measures” and “possible travel delays.” The potential for delays and extra security has some lawmakers worried. Democratic U.S. Sen. Jack Reed of Rhode Island wrote to Noem in mid-April asking her to make sure the public is educated about the REAL ID requirements and working to avoid any issues at the nation’s airports.

Higdon said Kentucky isn’t asking for special treatment with another delay, just an opportunity to keep up the work that is already underway.

“We’re not asking for anything out of the ordinary in our request letter, but simply a continuation of the same thoughtful flexibility previously granted when readiness concerns have been brought forward,” he said. “An additional up to two years can give time for improvements already in motion to take effect.”