The Real ID Act Is an Unfixable Disaster... Why Tinkering with it Won't Help

By Joan Friedland, Immigration Impact. Posted June 24, 2009.

Introduced by Sen. Akaka (D-HI) last week with 5 co-sponsors, the “Providing for Additional Security in States’ Identification Act” (PASS ID) (S. 1261) would give states a breather from the costs and restrictions imposed by the REAL ID Act, which became law in 2005 without Congressional hearings and as part of must-pass war funding bill. The PASS ID Act, however, would do little for immigrant access to licenses and nothing for a common sense approach to immigration reform.

PASS ID would repeal the REAL ID Act, which numerous states have vociferously opposed as a burdensome, unfunded mandate and akin to creation of a national ID system.  Currently, 23 states have passed laws and resolutions opposing the REAL ID Act, including Arizona whose former governor, Janet Napolitano, is now the Secretary of the Department of Homeland Security (DHS).  But PASS ID—like REAL ID—sets national standards for driver’s licenses.  Driver’s licenses won’t be accepted for federal purposes if they don’t meet the national standards.

Most of the differences between PASS ID and REAL ID actually have nothing to do with immigration. Here’s what PASS ID proposes to do:

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Joan Friedland is Immigration Policy Director of the National Immigration Law Center's Washington, DC office.

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