Tag: national id

No, America, You Don’t Need to Comply with the REAL ID Act

Like countless similar news stories recently, a report on Business Insider claims: “Residents from 5 US states could soon need a passport for a domestic flight.” The idea is that the Transportation Security Administration will begin to enforce the REAL ID Act in 2016 by denying airport access to travelers from non-compliant states.

It’s not true.

Nobody needs to get a passport to fly domestically. No state needs to implement the REAL ID Act’s national ID mandates.

I’ve been collecting examples of misleading reports like this at the Twitter hashtag “#TakenInByDHS.” A recent blog post of mine, also called “Taken In by DHS,” fleshes out the story of widespread misreporting on the situation with our national ID law.

In brief, the Department of Homeland Security is trying to get the states to convert their driver licensing systems into components of a U.S. national ID system. The REAL ID Act, which Congress passed in 2005, allows DHS to refuse IDs from non-compliant states, including IDs travelers present at TSA’s airport checkpoints.

This concerns some people when they first learn about it, but the REAL ID compliance deadline passed more than seven years ago with not one state in compliance. DHS has improvised deadline after deadline since then, and it has caved every single time its deadlines have been reached. I went through the history last year in my Cato Policy Analysis, “REAL ID: A State-by-State Update.”

DHS’s latest story is that it might start to enforce REAL ID in 2016. It won’t. 

Why Should California Obey Federal National ID Demands?

If California were to decline to follow federal driver licensing mandates, would the Transportation Security Administration turn Californians away at our nation’s airports, preventing more than 10% of the nation’s population from flying? Of course not. The outrage would be palpable, and it would be directed at the federal government’s most unpopular agency, TSA.

But the incredibly low risk of federal punishment is apparently what spurred the California legislature to pass A.B. 1465, which now sits on Governor Jerry Brown’s desk. If signed, the bill would move California another step closer to compliance with the REAL ID Act, increasing the burden on California driver’s license applicants just a little more, so that TSA will continue to defer enforcement of the national ID law as to California.

But TSA hasn’t enforced REAL ID for any state since the statutory compliance deadline in 2008. (It’s ongoing mass deferment is disguised by crediting some states with satisfying a “material compliance checklist.” Find a history in our report, REAL ID: A State-by-State Update.) The reason why is not kindness on the part of the feds or good faith progress on the part of states. It’s the fact that the federal government does not have the power to demand compliance from states. State leaders would not be blamed if TSA denied people’s IDs at the airports. TSA would be.

There is no need for California to spend a dime on REAL ID compliance, but the most recent analysis of A.B. 1465 says the California DMV would incur costs of approximately $5.56 million in 2016-17 and $5.4 million each year after that. The legislator most responsible for delay and expense at the DMV is Assemblymember Rich Gordon (D-Menlo Park).

The spending is absolutely unnecessary. The federal government will always back down. There is no reason California should obey federal national ID demands.

China’s REAL ID Program

China is implementing its “toughest-ever” mobile phone real-name registration system, according to the Want China Times. The effort seeks to get all remaining unregistered mobile phones associated with the true identities of their owners in the records of telecommunications firms. Those who do not register their phones will soon see their telecommunications restricted.

This policy will have wonderful security benefits. It will make identity fraud, anonymous communication, and various conspiracies much easier to detect and punish—including conspiracies to dissent from government policy.

The United States is a very different place from China—on the same tracking-and-control continuum. We have no official policy of registering phones to their owners, but in practice phone companies collect our Social Security numbers when we initiate service, they know our home addresses, and they have our credit card numbers. All of these are functional unique identifiers, and there is some evidence that the government can readily access data held by our telecommunications firms.

We have no national ID that would be used for phone registration, of course. The Department of Homeland Security says it will begin denying travel rights to people from states that do not comply with the REAL ID Act beginning in 2016.

As Racists Return to the Mainstream, Be Sure to Deprive Them of Power

I hope I’m wrong to see it as racism returning to the mainstream. Indeed, I hope that the long, agonizingly slow erosion of racial fixations from our society will continue. But I found it interesting to see a Washington Post blog post explaining a recently minted epithet—“cuckservative”—chiefly with reference to the president of a “white nationalist” organization.

Apparently, we have such things in the United States, credible enough to get online ink from a major newspaper. I’m not against reporter Dave Weigel’s use of the source. I take it as confirmation that some of our ugliest politicians have even uglier supporters.

I don’t think it’s likely, but one can imagine a situation where these currents join a worsening economic situation to sow public distemper that gives actual political power to racists. Were some growing minority of political leaders to gain by advocating for ethnic or racial policies, do not count on the “good ones” standing against them. Public choice economics teaches that politicians will prioritize election over justice, morality, or any other high-minded concept.

It is poor civic hygiene to install technologies that could someday facilitate a police state. That includes a national ID system. I’ve had little success, frankly, driving public awareness that the U.S. national ID program, REAL ID, includes tracking of race and ethnicity that could be used to single out minorities. But that’s yet another reason to oppose it.
If the future sees no U.S. national ID materialize, and no political currents to exploit such a system for base injustice and tragedy, some may credit the favorable winds of history. Others may credit the Cato Institute and its fans. We’re working to prevent power from accumulating where it can be used for evil.

A Favorable Trend in Driver Licensing

Twelve states, as well as the District of Columbia and Puerto Rico, currently grant (or will soon grant) drivers’ licenses to unauthorized immigrants. An additional two—Arizona and Nebraska—explicitly grant licenses to immigrants brought to the United States as small children (“Dreamers”). This is a favorable trend, both for public safety and for liberty.

If you want an illustration of the public safety benefits from using drivers’ licenses solely for driving administration, give a read to this Voice of America article which illustrates clearly that illegal immigrants drive even when licensing is unavailable to them. Now that licensing is available, a California applicant who is not legally in this country must first prove residence. “He must also take an eye test to show he can see well, and a written test on driving rules. He must also take a driving test to show he can operate a motor vehicle.” Bringing all drivers up to such minimum standards undoubtedly improves safety outcomes.

For liberty, though, the shift back toward using driver licensing for driving is especially welcome. In 2005, amid a wave of anti-immigrant sentiment stoked by terror fears, Congress passed the REAL ID Act, which requires states to get proof of legal presence if their licenses and IDs are to be accepted by federal agencies. It appeared for a time as though states kowtowing to the federal government would help turn their driver’s licenses into an all-purpose federal tracking and control instrument, a national ID.

It has become increasingly clear that the Department of Homeland Security’s Transportation Security Administration will never follow through on the feds’ threat to turn away air travelers from states that don’t comply with REAL ID (though many are still taken in by DHS talking points). Some states are declining to implement REAL ID at all. Others are producing easy-to-acquire licenses that are labeled “not for federal purposes,” which REAL ID permits.

The states giving licenses to unauthorized immigrants today run the gamut from “liberal” to “conservative”: California, Colorado, Connecticut, Delaware (effective December 2015), Hawaii (effective January 2016), Illinois, Maryland, New Mexico, Nevada, Utah, Vermont, and Washington. For varying reasons—and with varying levels of controversy—they’re re-asserting state authority over a state prerogative: driver licensing policy.

That’s good federalism. It’s good for road safety. And it’s especially good for keeping motor vehicle bureaucrats from being TSA agents and vice versa.

“Think Tank Attacks Kaptur over National ID Card”

I really like Sandusky Register reporter Tom Jackson’s piece responding to my post yesterday about congressional appropriators and our national ID law, the REAL ID Act. Jackson is paying attention to all that is said about Ohio’s congressional delegation. Not just following the herd, he’s looking out for new and different things that might be interesting to the folks back home.

The gist of his argument is that calling Ohio Democratic Rep. Marcy Kaptur 75 percent supportive of REAL ID is unfair because she voted against it when it passed the House as a stand-alone bill in 2005. She did vote against it that once, but she also allowed a voice vote on the rule that attached REAL ID to a later appropriations bill, and she voted for that bill and the conference report, both votes helping to make REAL ID a federal law.

Rep. Kaptur doesn’t stand out as a pro-national-ID legislator—true—but that is precisely how log-rolling in Washington works. Bills that tie controversial matter like a national ID law to broadly supported priorities like military funding and money for tsunami relief allow representatives like Kaptur to vote for a national ID twice without standing out.

I didn’t do a good enough job of explaining the procedure by which REAL ID was passed, and Jackson understood me to be blaming Kaptur for funding REAL ID. In fact, my post focused on votes for passage of REAL ID itself. But Kaptur and other appropriators will be voting soon on the FY 2016 Department of Homeland Security appropriations bill, which year after year provides funds to push state implementation of REAL ID. The bill has lots of other priorities in it, but Rep. Kaptur and her colleagues on the Appropriations Committee’s Homeland Security Subcommittee are responsible for all of the bill’s content. Given that any of them could de-fund REAL ID and the national ID project with a simple amendment, I believe it’s appropriate to hold all of them to account for not doing so.

Your Pro-National-ID Appropriators

Every year around this time, a ritual is underway that quietly moves the ball forward on creating a U.S. national ID. That ritual is the annual appropriations process in Congress, which doles out money for everything the government does—including weaving together a system that may one day identify, track, and control each one of us.

As I noted last year in my policy analysis, REAL ID: A State-by-State Update, DHS has spent over a quarter billion dollars on REAL ID since the 2008 fiscal year. Beginning in 2012, grants supporting state efforts to implement REAL ID were moved into the State Homeland Security Grant Program, which fairly well keeps the amounts hidden from you and me. But appropriators at any time could deny the expenditure of funds to implement REAL ID.

Why don’t they do it? Judging by their records, appropriators are a strongly pro-national-ID group. Appropriations committee members who were in Congress when it passed tended to favor the national ID law—Republicans almost without exception. (And because Republicans chair the appropriations committees in both the House and Senate, they are currently the ones to watch.)

House members serving in 2005 had four chances to vote against the national ID law, and senators had two: First, when REAL ID passed the House on a test vote as H.R. 418. Second, when the rule governing debate in the House on H.R. 1268 passed by voice vote, attaching REAL ID to this spending bill. Third, when H.R. 1268 passed the House and Senate. And, fourth, when the conference report on H.R. 1268 passed the House and Senate.