DHS Regulation on State-Issued IDs and Drivers' Licenses
Posted Feb 01, 2008
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The U.S. Department of Homeland Security (DHS) released a final rule on January 11, 2008 regarding the minimum standards for state-issued drivers' licenses and identification cards. At the time of this writing, the final rule is available on the DHS WebSite and should soon appear in the Federal Register. DHS Secretary Michael Chertoff held a press conference on the matter, remarking on the importance of REAL ID compliant drivers' licenses and identification cards. A key goal of this federal directive is to minimize ID theft "by a criminal or illegal alien." States technically are free to opt out of the federal program to bring these documents into compliance. Without a compliant document, however, the resident of such a state would not be able to board a commercial airplane or walk into a federal building using the noncompliant state-issued driver's license.
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REAL ID to Protect Identity, Stop Terrorist Activity, Reduce Illegal Employment
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The DHS indicated in the press release and at the press conference that the need to institute REAL ID compliant drivers' licenses is due to "the problems that Americans face from document fraud" that are "diverse and growing." Identification theft crimes increased by almost 800 percent between 2000 to 2006. The agency estimates that, of those cases, fraudulent drivers' licenses were used 35 percent of the time. The new and enhanced drivers' licenses are designed to protect the identity of innocent citizens and other individuals lawfully present in the United States.
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The urgent need for a unified and secure form of identification is supported by the report issued by the 9/11 Commission. This report specifically stated that "secure identification is an essential way of ensuring that people are who they say they are." All but one of the hijackers used a government-issued form of ID to board the planes used in the terrorist attacks in the United States on 9/11. With the new form of secure ID, this may become more difficult.
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In addition to protecting identity, the new drivers' licenses are allegedly going to protect legal workers and U.S. employers from illegal employees who use fraudulent documents to obtain employment in the U.S.
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States to Incorporate Information and Security Features in REAL ID
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To comply with the new federal requirement, states will need to institute proper mechanisms to assure that information and security features are incorporated into the cards. They will need methods in place to check that the identity of each person applying for a driver's license is established. They will also need to verify the source documents provided by an applicant. Offices that issue licenses and ID cards will have to be properly secure, as well.
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Timeline for States to Comply with New Regulation
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By May 2008, each state needs to opt into the federal program to bring state-issued drivers' licenses into compliance with REAL ID. The first deadline is December 31, 2009, by which time states must upgrade the security of their license systems "to ensure that illegal aliens cannot obtain REAL ID licenses." All state residents under the age of 50 must be enrolled into the new system by December 1, 2014. For those over the age of 50, the deadline is extended to December 1, 2017. It was noted by one in attendance of the press conference that such a lengthy delay in implementing the federal regulation does not seem to reflect the true urgency of the need for new and enhanced drivers' licenses. Secretary Chertoff responded that the implementation timeline had to incorporate the states' needs and realistic financial and other considerations involved in instituting newly mandated procedures in a timely and appropriate manner.
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Conclusion
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It is not yet known if any states will be unwilling or unable to follow the new federal directive to bring their drivers' licenses into compliance with REAL ID. More on this important topic will be known after May 2008, when the states must opt into this program. MurthyDotCom and MurthyBulletin readers will be updated on any new developments, as information becomes available.
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