REAL ID Proponents Miss Yet Another Chance

Writing in National Review Online, the Heritage Foundation’s James Jay Carafano argues that Democrats are killing the REAL ID Act (oh, and that the administration and Senate Republicans aren’t supporting it either). This apparently is a reason to oppose comprehensive immigration law reform. Notably, Carafano passes up yet another opportunity to tell us how REAL ID would add to our nation’s protections.

In my spoken testimony to the Senate Judiciary Committee’s hearing on REAL ID (written testimony here), I characterized the two schools of thought among supporters of REAL ID: the “Just Do It” school and the “Do-Overs” school.

Carafano is from Just Do It. Not engaging on the question whether REAL ID would actually add to our protections, he just implores for its implementation. He never explains exactly how REAL ID would secure us, or why counter-measures wouldn’t lay its alleged benefits to waste. Just Do It doesn’t even attempt making the affirmative case for spending $17 billion undermining our privacy through REAL ID.

The Do-Overs school is epitomized by consultant Janice Kephart, a terror profiteer of sorts, who is cashing in on having been a 9/11 Commission staffer. The Do-Overs school at least argues that REAL ID provides security, but somewhat fantastically.

Among their arguments: If we just had REAL ID back in 2001, maybe the fact that one or two of the 9/11 terrorists had overstayed their visas would have prevented them using a driver’s license at the airport, and they would have had to use a passport, and this would have created suspicion that there was an attack of some kind underway, and the plot would have been broken up.

Evidently, hindsight isn’t always 20/20. Had REAL ID been in place, the 9/11 attackers would have figured out that they should stay current on their visas. Had they not, using Saudi passports at the airport, they would have created no suspicion. Remember - this was before 9/11.

Another chance has passed for REAL ID proponents to make the case for its security benefit.