• person's full name
• person's date of birth
• person's gender
• person's driver's license or identification card number
• a digital photograph of the person
• the person's address of principal residence
• the person's signature
• physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purpose
• a common machine-readable technology, with defined minimum data elements

Applicants Must Present Certain Documentation
©MurthyDotCom
The Act further mandates that each state require driver's license and identification card applicants to present the following.

• a photo identity document (non-photo identity documents can be substituted only if they include the person's full legal name and date of birth)
• documentation showing the person's date of birth
• proof of the person's social security number or that the person is not eligible for a social security number
• documentation showing the applicant's name and address of principal residence
• valid documentary evidence to prove the applicant's immigration status. (This includes proof that the individual is a U.S. citizen or national, a lawful permanent or temporary resident in the U.S., a conditional permanent resident, or is an asylee or a refugee. It is also acceptable to show that the individual: has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the U.S., has a pending application for asylum in the U.S., has a pending or approved application for temporary protected status in the U.S., has approved deferred action status, or has a pending application for adjustment of status.)

Temporary Licenses or ID Cards for those with Temporary Status
©MurthyDotCom
If an applicant can only show proof of a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the U.S., a pending U.S. asylum application, a pending or approved application for temporary protected status in the U.S., approved deferred action status, or a pending application for adjustment of status, then the states are only permitted under the Real ID Act to issue a temporary driver's license or identification card to the applicant. The expiration date of the temporary driver's license or identification card must be the date that the person's status will expire. If there is no expiration date, the state may only issue a temporary driver's license or identification card with an expiration date of one year.
©MurthyDotCom
The driver's license or identification card must indicate that it is temporary and show the date that it will expire. In order to renew a temporary card, the applicant will need to show that the qualifying status has been extended by the Department of Homeland Security (DHS).
©MurthyDotCom
Verifying Documents
©MurthyDotCom
States must have the means to verify with the issuing agency that all documents that the applicant presents to obtain the driver's license or identification card in fact were issued, are valid, and have complete information. No foreign documents, other than an official passport, may be presented by the applicant as an acceptable document. This means that matricula consular cards, identification cards issued by the Mexican Embassy, cannot be used.
©MurthyDotCom
Memorandum of Understanding
©MurthyDotCom
Each state is required to enter into a memorandum of understanding (MOU) with the DHS by September 11, 2005, to use the Systematic Alien Verification for Entitlements. This verification system is an automated system to verify the legal presence of a person, other than a U.S. citizen, who is applying for a driver's license or identification card.
©MurthyDotCom
Additional Requirements
©MurthyDotCom
In addition to the requirements above, states must do all of the following to be eligible for certification from the Secretary of Homeland Security.

• use technology to capture digital images of identity source documents that can be electronically stored and transferred
• retain paper copies of source documents for at least 7 years or electronic copies for at least 10 years
• subject all applicants for drivers' licenses and identification cards to mandatory facial image capture
• establish a procedure to verify a renewing applicant's information
• confirm social security numbers with the Social Security Administration (If another person has used the same social security number, the state must resolve the discrepancy and take appropriate action.)
• refuse to issue a driver's license or identification card to a person holding a driver's license from another state without confirmation that the other license has been or will be terminated
• ensure the physical security of locations where drivers' licenses and identification cards are produced and the security of the document materials and papers used to produce drivers' licenses and identification cards
• subject all persons authorized to manufacture drivers' licenses and identification cards to security clearance requirements
• establish fraudulent document recognition training programs for employees who issue drivers' licenses and identification cards
• limit the validity of all non-temporary drivers' licenses and identification cards to a period of no more than 8 years
• Any driver's license or identification card that is issued without satisfying the requirements in the Real ID Act must clearly state that the card cannot be accepted by any federal agency for federal identification or any other official purpose. Such cards must use a unique design or color indicator in order to easily alert federal agents and other law enforcement personnel that they cannot be used for such purposes.
• maintain a state motor vehicle database that contains all data fields printed on state drivers' licenses and identification cards and motor vehicle drivers' histories
• provide electronic access to all other states to information contained in the motor vehicle database of the state

Conclusion
©MurthyDotCom
These provisions will affect everyone in the United States who seeks a driver's license or identification card, though many problems will be faced by nonimmigrants. For example, a person who has filed a timely H1B extension is generally permitted to remain in the U.S. and continue to work for the H1B petitioner until a decision is made on the H1B petition. This individual may not, however, be able to extend a driver’s license until the H1B petition is approved. The employer and employee, as well as DHS and the state governments, will need to resolve these sorts of common scenarios.
©MurthyDotCom
Fortunately these provisions do not go into effect for three years. For many states, compliance is likely to result in a great financial burden. The delays and problems that will be caused by lack of documentation, even by U.S. citizens, are apt to be widespread. If a state is not certified, this will cause chaos for residents who will not be able to board any federally-regulated aircraft. We hope that the DHS and the states are able to resolve the many issues that will be caused by this law, presumably passed with the good intentions of protecting our country but without fully addressing the problems that may be caused by delays in government processing and factors such as funding.

© 2005 The Law Office of Sheela Murthy, P.C. All Rights Reserved