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All 50 states, the District of Columbia and U.S. territories have achieved compliance with the REAL ID Act ahead of the federal deadline of May 7. However, this widespread acceptance was not always guaranteed.
The REAL ID Act was signed into law in 2005 by President George W. Bush, but less than two years later, several states expressed strong reservations about the mandate. The rapid shift from resistance to compliance offers a fascinating insight into the evolution of state-federal relations regarding identification standards.
Initial Resistance to REAL ID
Shortly after the law’s passage, state leaders voiced significant concerns. For instance, Brian Schweitzer, who was Montana’s governor at the time, referred to REAL ID as a ‘harebrained scheme’ during a 2008 interview with NPR. He expressed frustration over what he perceived as the increasing number of unfunded federal mandates affecting state governance.
Schweitzer articulated a common sentiment among state leaders, stating, ‘[W]e are putting up with the federal government on so many fronts, and nearly every month they come out with another… unfunded mandate to tell us that our life is going to be better if we’ll just buckle under on some other kind of rule or regulation.’
His administration took a strong stance against the REAL ID Act. In 2007, he signed legislation that prohibited Montana’s Department of Motor Vehicles (DMV) from implementing the law, labeling it a ‘threat to privacy’ in correspondence with other governors.
Legislative Pushback Across the Nation
Montana was not the only state resisting the REAL ID Act. In Washington, Democratic Governor Christine Gregoire enacted similar legislation requiring the federal government to allocate $250 million to cover costs associated with compliance. She argued that the law did not adequately safeguard the privacy of citizens in her state.
In Pennsylvania, Governor Tom Corbett, a Republican at the time, implemented a law in 2008 that halted the state’s implementation of REAL ID regulations. The law explicitly stated that ‘neither the governor nor the Department of Transportation or any other Commonwealth agency shall participate in the REAL ID Act of 2005 or regulations promulgated thereunder.’
However, this resistance transformed in 2017 when Democratic Governor Tom Wolf signed Act 3, thereby reinstating compliance with the REAL ID Act.
The Challenge of Compliance in New Jersey
Despite the overall shift toward compliance, New Jersey has emerged as a significant outlier. A recent analysis by CBS News revealed that the state has the lowest reported compliance rates with REAL ID, with only 17% of its population possessing one. Residents have expressed frustration regarding the state’s capacity to handle the influx of applications.
On November 24 of the previous year, state Senator Jimmy Higdon, a Republican from Kentucky, wrote to the Department of Homeland Security (DHS) requesting an extension to the May 7 enforcement date. This action underscores the continuing challenges that states face in implementing this federal requirement.
Understanding REAL ID Compliance
To be deemed compliant with REAL ID requirements, a state must fulfill the security standards set forth by the DHS for issuing driver’s licenses. The current status indicates that all states have met these requirements, allowing them to be recognized as compliant, even though a substantial number of their residents do not possess REAL IDs.
This reality arises because obtaining a REAL ID is optional for licenseholders. Alternatives, such as passports, provide travelers with options. Thus, the lack of REAL ID possession among residents does not impede the statistical compliance of the states.
A National Security Measure
The REAL ID Act emerged as part of a national security initiative in the aftermath of the September 11 attacks. The law was largely driven by Representative James Sensenbrenner, a Republican from Wisconsin, and established that the Transportation Security Administration (TSA) would no longer accept identification without a star denoting its verification, unless travelers possess a passport.
In order to be verified, individuals must present their Social Security information and other personal identifiers. This requirement has raised privacy concerns among citizens and could be contributing to the slower adoption rates in certain states.
The Path Forward
The implementation of REAL ID has encountered delays, primarily due to the COVID-19 pandemic and varying state compliance capabilities. The law has witnessed multiple postponements as states grapple with the resources required to align with federal standards.
Fox News Digital has reached out to the current governors of Montana, Pennsylvania, and Washington to solicit their insights on the journey toward compliance. As REAL ID compliance becomes a reality across the nation, continual dialogue between states and the federal government will be crucial in addressing any emerging issues.
In summary, the evolution of REAL ID compliance illustrates a remarkable transition from initial opposition to widespread acceptance among state governments. This journey reflects broader trends in federalism and governance, revealing the complexities of implementing national standards at the state level.
