Tag: dhs

Questions for Heritage: REAL ID

The Heritage Foundation’s “The Foundry” blog has a post up called “Questions for Secretary Napolitano: Real ID.”

Honest advocates on two sides of an issue can come to almost perfectly opposite views, and this provides an example, because I find the post confused, wrong, or misleading in nearly every respect.

Let’s give it a brief fisking. Below, the language from the post is in italics, and my comments are in roman text:

Does the Obama Administration support the implementation of the Real ID Act?

(Hope not … .)

Congress has passed two bills that set Real ID standards for driver’s licenses in all U.S. jurisdictions.

REAL ID was a federal law that Congress passed in haste as an attachment to a military spending bill in early 2005. To me, “REAL ID standards” are the standards in the REAL ID Act. I’m not sure what other bill the post refers to.

Given the legitimate fear of REAL ID creating a federal national ID database, section 547 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 barred the creation of a new federal database or federal access to state databases with the funds in that bill. (Thus, these things will be done with other funds later.)

The Court Security Improvement Act allowed federal judges and Supreme Court Justices to withhold their addresses from the REAL ID database system, evidently because the courts don’t believe the databases would be secure.

And in the last Congress, bills were introduced to repeal REAL ID in both the House and Senate. Congress has been backing away from REAL ID since it was rammed through, with Senators like Joe Lieberman (I-CT) calling REAL ID unworkable.

It’s unclear what the import of the sentence is, but if it’s trying to convey that there is a settled consensus around the REAL ID law, that is not supported by its treatment in Congress.

The Real ID legislation does not create a federal identification card, but it does set minimum security standards for driver’s licenses.

This sentence is correct, but deceptive.

REAL ID sets federal standards for state identification cards and drivers’ licenses, refusing them federal acceptance if they don’t meet these standards. Among those standards is uniformity in the data elements and a nationally standardized machine readable technology. Interoperable databases and easily scanned cards mean that state-issued cards would be the functional equivalent of a federally issued card.

People won’t be fooled if their national ID cards have the flags of their home states on them. When I testified to the Michigan legislature in 2007, I parodied the argument that a state-issued card is not a national ID card: “My car didn’t hit you — the bumper did!”

All states have either agreed to comply with these standards or have applied for an extension of the deadline.

It’s true that all states have either moved toward complying or not, but that’s not very informative. What matters is that a dozen states have passed legislation barring their own participation in the national ID plan. A couple of states received deadline extensions from the Department of Homeland Security despite refusing to ask for them. Things are not going well for REAL ID.

Secure identification cards will make fraudulent documents more difficult to obtain and will also simplify employers’ efforts to check documents when verifying employer eligibility.

It’s true that REAL ID would make it a little bit harder to get - or actually to use - fraudulent documents, because it would add some very expensive checks into the processes states use when they issue cards.

It’s not secure identification cards that make fraudulent documents harder to obtain - the author of this post has the security problems jumbled. But, worse, he or she excludes mentioning that a national ID makes it more valuable to use fraudulent documents. When a thing is made harder to do, but proportionally more valuable to do, you’ll see more of it. REAL ID is not a recipe for a secure identity system; it’s a recipe for a more expensive and invasive, but less secure identity system.

Speaking of invasive, this sentence is a confession that REAL ID is meant to facilitate background checks on American workers before they can work. This is a process I wrote about in a paper subtitled “Franz Kafka’s Solution to Illegal Immigration.” The dream of easy federal background checks on all American workers will never materialize, and we wouldn’t want that power in the hands of the federal government even if we could have it.

Real ID is a sensible protection against identify fraud.

The Department of Homeland Security’s own economic analysis of REAL ID noted that only 28% of all reported incidents of identity theft in 2005 required the presentation of an identification document like a driver’s license. And it said REAL ID would reduce those frauds “only to the extent that the [REAL ID] rulemaking leads to incidental and required use of REAL ID documents in everyday transactions, which is an impact that also depends on decisions made by State and local governments and the private sector.”

Translation: REAL ID would have a small, but speculative effect on identity fraud.

Congress is set to introduce legislation next week that could largely repeal the Real ID.

The bill I’ve seen is structured just like REAL ID was, and it requires states to create a national ID just like REAL ID did. REAL ID is dying, but the bill would revive REAL ID, trying to give it a different name.

Some groups oppose this version of REAL ID because it takes longer to drive all Americans into a national ID system and frustrates their plans to do background checks on all American workers. But it’s still the REAL ID Act’s basic plan for a national ID.

The Administration should put pressure on Congress to ensure that this legislation does not effectively eliminate the Real ID standards.

Why the administration would pressure Congress to maintain the national ID law in place - by any name - is beyond me. REAL ID is unworkable, unwanted, and unfixable.

Homeland Security Secretary Janet Napolitano signed legislation as Arizona’s governor to reject the REAL ID Act. Her predecessor at DHS, Michael Chertoff, talked tough about implementing the law but came up just shy of lighting the paper bag in which he left it on Napolitano’s doorstep.

The REAL ID revival bill that is being so widely discussed is likely to be both the national ID plan that so many states have already rejected and deeply unsatisfying to the anti-immigrant crowd. Congress rarely fails to grasp a lose-lose opportunity like this, so I expect it will be introduced and to see it’s sponsors award themselves a great deal of self-congratulations for their courageous work. You can expect that to receive a fisking here too.

“… and Replace It with REAL ID”

CNN wrote an exciting headline on Wednesday: “Homeland Security Chief Seeks to Repeal Real ID Act.” What they left out was that the replacement would be … the REAL ID Act.

Intentionally or not, Secretary of Homeland Security Janet Napolitano has created the impression that the national ID law might go away. But simply renaming the Department of Homeland Security’s national ID program is not a repeal of REAL ID.

The REAL ID revival bill that has been circulating is the same national identification and tracking system with a few of the sharpest corners taken off and the hope of federal money held out to up-to-now recalcitrant states. The REAL ID revival bill would corral every American citizen into the national ID system to try and attack illegal immigrants.

Bills to repeal REAL ID were introduced in the previous Congress, but they did not move because the Bush administration and Chertoff DHS would have eagerly demagogued the issue. Those political conditions no longer hold. And just 10 months ago, Secretary Chertoff delayed the implementation of REAL ID without bringing any political repercussions to the Bush administration whatsoever. Secretary Napolitano can do the same if Congress fails to truly repeal REAL ID, as it should.

Mike German on ‘Intelligence’ Reports

On the ACLU blog (“because freedom can’t blog itself”), Mike German has a great write-up that captures the depth of error in recent DHS “intelligence” reports on ideological groups.

German shows that any ideology can be targeted if the national security bureaucracy comes to use activism as a proxy or precursor for crime and terrorism:

A Texas fusion center warned about a terrorist threat from “the international far Left,” the Department of Homeland Security and a Missouri fusion center warned of threats posed by right-wing ideologues, and a Virginia fusion center saw threats from across the political spectrum and called certain colleges and religious groups “nodes of radicalization.” These are all examples of domestic security gone wrong.

“Gone wrong” means weak in theory, threatening to liberty, and not helpful to law enforcement:

If these “intelligence” reports described recent crimes and the people who perpetrated them, there would be little problem from a civil rights perspective, and it could actually be helpful to the average police officer. Instead, they have followed a “radicalization” theory popularized by the NYPD (PDF). That theory postulates that there is a “path” to terrorism that includes the adoption of certain beliefs, and political, religious, or social activism is viewed as another step toward violence. Actual empirical studies of terrorism conducted in the Netherlands and Britain refute this theory, but the idea that hard-to-find terrorists can be caught by spying on easy-to-find activists appears too hard to resist to U.S. law enforcement.

The takeaway: “Threat reports that focus on ideology instead of criminal activity are threatening to civil liberties and a wholly ineffective use of federal security resources.”

Mike German was a participant in our January conference on counterterrorism strategy.

Dust Off Your Tinfoil Hats

It’s official. Everyone supportive of federalism and/or upset about taxes, etc., is now considered a potentially dangerous “rightwing extremist” by Homeland Security.

From all around the web:

A footnote attached to the report by the Homeland Security Office of Intelligence and Analysis defines “rightwing extremism in the United States” as including not just racist or hate groups, but also groups that reject federal authority in favor of state or local authority.

NYCLU: Repeal REAL ID

The New York Civil Liberties Union has issued an impressive report calling for the repeal of the REAL ID Act.

No Freedom Without Privacy: The REAL ID Act’s Assault on Americans’ Everyday Life” is a thorough look at the federal government’s national ID law, which states have refused to implement.

Less than a year ago, when it was clear that no state would be in compliance with the national ID law by the May 2008 deadline, then-DHS secretary Michael Chertoff granted waivers until December of this year, even to states that have statutorily barred themselves from complying. One of those states was South Carolina, whose governor Mark Sanford (R) has been a leading REAL ID opponent. The report cites him favorably for that.

Last year, bills to repeal the national ID law were introduced in both the Senate and House. With President Bush sure to veto, and Secretary Chertoff sure to demagogue a REAL ID repeal, the bills did not move. The political dynamics have changed since then, of course.

“Though the Real ID Act is not a household name,” the report says, “it is a central component of the Bush Administration’s assault on Americans’ liberty and privacy rights, and one that if not repealed now would forever change the fabric of American life.”

In its finite wisdom, the federal government often doubles down on bad policies, but the REAL ID Act is ripe for repeal. The law can’t be fixed, and there is no such thing as an acceptable national ID card.

National ID Promoted by Anti-Immigrant Group — Sorta

If it was ever in doubt that REAL ID and the push for national ID systems are a project of anti-immigrant groups, this should dispel it.

The Center for Immigration Studies has a page up on its website in which REAL ID lobbyist Janice Kephart trots out videos of Bush administration Department of Homeland Security officials sort of making the case for REAL ID. Or at least for all the different ID programs they had. Or something.

Frankly, it’s not clear what this piece is getting at. The material is rather meandering, and neither the videos nor the text provide a coherent argument for a national ID, much less defeat the arguments against one. (The featured former officials are former, and not involved with the current administration, because voters rejected the fear-mongering of the former DHS and administration in the most recent election.)

What the text does say is that the Obama administration is cool on a national ID because it “gained many votes from those who support mass, illegal and unchecked immigration into the US.” This is inaccurate in many respects. Nobody supports illegal immigration, but many people do recognize that balanced and generous immigration rules would reduce it. This country has a long history of being immigrant friendly and of favoring liberty over things like national ID systems. If those kinds of policies win votes, so be it! It’s nice to see a group like CIS admit that their agenda is politically unpopular.

Whatever the case, if you had any doubt about what motivates national ID advocacy in the country, it’s anti-immigrant groups. Their amateurish interest in terrorism and national security is motivated by their fixation on preventing free movement of people. The great irony is that the Center for Immigration Studies would put native-born American citizens into a national ID system to try to get at their anti-immigrant goals.