Tag: national id

Do Anti-REAL-ID Senators Support REAL ID Spending?

Each year, the homeland security appropriations bill provides for funding that supports REAL ID, the national ID law that Congress passed in haste in 2005.

States across the country originally refused to implement the national ID law, but as we showed in the recently released report, “REAL ID: A State-by-State Update,” some states are reversing course and beginning to implement, and in other states bureaucrats are moving forward with REAL ID contrary to state policy.

Part of the reason this continues is because the federal government continues to funnel money into REAL ID compliance. Year over year, federal grant money keeps state bureaucrats and state bureaucrat interest groups like the American Association of Motor Vehicle Administrators sniffing around for grant dollars and contracts.

Interestingly, four members of the Senate appropriations subcommittee that funds REAL ID through the Department of Homeland Security are from states that have rejected REAL ID. Senators Patty Murray (D-WA), Jon Tester (D-MT), Mark Begich (D-AK), and Lisa Murkowski (R-AK) could move to cut off funding for REAL ID if they chose, but, to my knowledge, have not done so in the past.

Senators Tester and Begich are cosponsors of a bill by Senator John Walsh (D-MT) to repeal REAL ID, and Senator Tester came to Cato in 2008 to call out REAL ID’s demerits (his presentation starts at 21:00 in the mp3).

If the senators from anti-REAL-ID states could tap one more member of the homeland security appropriations subcommittee, they would have a majority to amend the bill to withdraw funds from the national ID project. Will they stand by and let REAL ID funding go through again this year?

REAL ID: Walking Dead

The REAL ID Act is a federal law that calls on states to knit their driver licensing systems together into a national ID. Congress passed it nine years ago yesterday, setting a three-year deadline for state compliance.

You might think that a program would be dead if it failed to materialize after more than triple the time Congress gave for its implementation. But REAL ID is walking dead.

After the law passed, half the states in the country passed resolutions objecting to REAL ID or laws barring their states from complying. And the Department of Homeland Security has pushed back the deadline again and again and again. But the federal government keeps funding REAL ID, and state bureaucrats keep plodding forward with the national ID system.

In a Policy Analysis released today, we examined the progress of REAL ID in states around the country. REAL ID: A State-by-State Update reveals that some states’ legislatures have backtracked on their opposition to the national ID law. Some motor vehicle bureaucrats have quietly moved forward with REAL ID compliance contrary to state policy. And in some states, motor vehicle bureaucrats have worked to undercut state policy opposing REAL ID and the national ID system.

Louisiana recently reversed course and embraced the national ID law. The District of Columbia began requiring drivers to get REAL ID-compliant licenses effective May 1st.

Funds for implementing REAL ID come from DHS annual budget, which is appropriated by the House and Senate Appropriations Committees’ homeland security subcommittees. Congress has put around $50 million a year toward REAL ID in recent years, part of $300 to $500 million a year it spends on identification and tracking programs.

The alternative is better: Congress could save money and protect liberty if it fully defunded REAL ID. State political leaders should check to see if the administrators who work under them are building a national ID contrary to state policy, or if bureaucrats are lobbying to put the legislature behind the national ID program.

It hasn’t been implemented, but because it hasn’t been repealed or defunded, REAL ID awaits the day when the political winds blow in favor of a national ID.

The Zombie National ID

Like some sort of zombie from a 1950s B-movie, the REAL ID Act shambles forward, awaiting the day when some national emergency can bring it back to life.

In the District of Columbia, the city government has announced that they will begin to issue REAL ID compliant driver’s licenses from May 1, 2014 onwards. The city’s “REAL ID Credential” page sings every note in the pro-national-ID song book. It says that REAL ID is “not a national identification card,” a claim debunked on this blog long ago. It also says that REAL ID will help “inhibit terrorists’ ability to evade detection by using fraudulent identification.” That’s true, as far as it goes. But inconveniencing wrongdoers this way provides a tiny sliver of security compared to the costs in dollars and privacy, not to mention the inconvenience about to be visited on D.C. residents.

The D.C. government says that the change is being made “to ensure our residents will have access to federal facilities and the ability to board airplanes.” Never mind that the federal government has caved over and over again after threatening to disrupt air travel. D.C. plans to put all 540,000 or so licensed drivers into the national ID system over the next few years, including many federal policymakers.

In Louisiana, meanwhile, state legislators have advanced a bill to repeal the state’s 2008 ban on participation in the REAL ID program. The bill’s proponents also say that they must put Louisianans into the national ID system or they won’t be able to fly. Again, the federal government will never cut off Americans’ right to travel because they live in states that don’t comply with REAL ID. It’s been threatened over and over again, and the federal government always backs down.

But there may yet be a stake that goes through the heart of the national ID program. A bill to repeal REAL ID has been introduced in both the House and Senate. H.R. 4073, introduced by Rep. Steve Daines (R) of Montana, and S.2121, introduced by Daines’ rival in the current Montana Senate race, Sen. John Walsh (D), both would repeal the REAL ID Act.

It is refreshing to see some pushback against REAL ID during the current Congress. But is it enough to kill the zombie national ID?

 

NSA Spying and a National ID Are Peas in a Pod and You Should Eat Your Peas

That’s the upshot of a column by Froma Harrop appearing in the Seattle Times.

“Arguments leveled against Real ID are being recycled to bash the National Security Agency’s surveillance program,” she writes. “They inevitably lead to the assumption that the government is up to no good.”

Well, … yes.

The argument against creating a U.S. national ID is that its cost in dollars and privacy are greater than the tiny margin of security they might provide. Over years, I’ve pointed out that spending billions of dollars to herd law-abiding Americans into a national ID system might mildly inconvenience any terrorists. It’s not worth doing.

That idea—that security measures should be cost-effective—is wisely ‘recycled’ for use with respect to the NSA’s program to gather data about every call made in the United States. Doing so doesn’t provide a margin of security worth the cost in dollars, privacy, and menace to liberty.

When the government wastes our money, privacy, and liberty on programs that don’t provide a sufficient margin of security, that is bad. That is government “up to no good.”

The states asked to implement our national ID law rejected it because, in the disorganized way our federal republic makes decisions, it was decided that REAL ID does not pass muster. (Some states and national ID advocate groups continue to press forward with it, a subject on which I’ll say more soon.)

In a similarly messy process, the organs of democracy are finding that the NSA’s programs—originally constructed and conducted in secrecy—do not pass muster either. We’re rightly pushing this plate of peas away.

E-Verify Deepens Projected Budget Deficits

On Wednesday, the Congressional Budget Office (CBO) released a cost-estimate for the Legal Workforce Act (H.R. 1772). That bill is one part of the House Republican’s immigration reform package that would nationally mandate a version of E-Verify.

Source: CBO Cost Estimate for H.R. 1772 Legal Workforce Act, page 2.  

CBO notes that many unverifiable employees will be pushed deeper into the underground economy by E-Verify – something that is already occurring in states that mandate its use. Some employers would no doubt continue to pay unverified employees, but would do so off the books and off the radar of the IRS and Social Security Administration. While the government would receive an expected $49 billion in on-budget revenues from new sources of income tax revenue and payroll tax revenue from 2014 to 2023, it would lose $88 billion in off-budget revenue during the same period – mostly from Social Security payroll taxes lost as workers join the underground economy. That’s a $39 billion net loss to revenues due mainly to E-Verify.

My colleagues and I have written extensively about the threat that E-Verify poses to employees, employers, and civil liberties. The CBO estimates that expanding E-Verify would cost the federal government $635 million over the 2014-2018 period, followed by a similar amount from 2018 to 2023. That translates to roughly $1.2 billion in new hires, data retention systems, enforcement tools, and other goodies for the Department of Homeland Security.

The Legal Workforce Act would also impose costly new mandates on state and local governments and the private sector. The CBO estimates at least $10 million in total annual costs to be imposed on state and local governments that will be forced to comply (currently, only 20 states mandate the use of E-Verify for new public hires). And the office estimates a minimum cost of $200 million annually from 2016 to 2018 for private sector employers as they struggle to verify an estimated 50 million employees.

The Legal Workforce Act imposes new costs on the federal government, on state and local governments, on employers and employees, and will push some workers further into the underground economy – all without (thankfully) achieving its core objective of excluding unauthorized immigrants from the workforce. While the CBO may not be known for its accurate fiscal projections, the inevitable net fiscal costs of this bill make it hard to draw anything positive from this recent report.    

This post was written wtih the help of Scott Platton.   

Ohio Backs off of REAL ID

Sometimes there are setbacks to the efforts of the Department of Homeland Security, the American Association of Motor Vehicle Administrators, and state motor vehicle bureaucrats to quietly knit together a national ID. If this story is true, Ohio appears to be breaking with the national ID plan.

What’s remarkable about this case is Ohio’s recognition that the federal government will never act on the threat that TSA will refuse drivers’ licenses and IDs from states that decline to implement the REAL ID Act.

Ohio is among a growing number of states that are refusing to comply with federal standards intended to toughen access to driver’s licenses. … The states are betting that federal officials do not implement plans to accept only “Gold Star” licenses as proof of identity to fly on commercial flights or to enter federal buildings and courthouses. “We’re not so sure the federal government” will only honor IDs that meet its requirements, [Ohio Department of Public Safety spokesman Joe] Andrews said.

Time was when states fell in line at the suggestion of this federal government threat. Eight-and-a-half years after REAL ID became law, the states may be recognizing the inability of the feds to coerce them into implementing their national ID.

Idaho Cooperates with Homeland Security on National ID

In June 2011, I noted here how a new cardless national ID system was forming up using state driver license data. It hasn’t gone very far. Passage of an immigration reform bill containing a national E-Verify requirement would slam down the gas pedal.

But a few days ago, Idaho became the third state in the union to sign up for the Department of Homeland Security’s RIDE (Records and Information from DMVs for E-Verify) program, which is administered by the ID-friendly American Association of Motor Vehicle Administrators. Idaho joins Mississippi and Florida in volunteering state driver information to the DHS.

As the full name of the program suggests, RIDE is an “add-on” to E-Verify, the government’s highly problematic system for “internal enforcement” of immigration law via government background checks. RIDE is intended to let the E-Verify system check the authenticity of driver licenses that are typically provided as one of the forms of ID during the broader verification process. E-Verify’s problems are legion—I documented them in my 2008 paper, “Franz Kafka’s Solution to Illegal Immigration“—and we highlighted them again on Capitol Hill in March.

Much like mass-scale license plate scanning, the RIDE program represents the application of technology and systems developed for one purpose to vastly different ones. The RIDE program takes state driver licensing data—which is for driver licensing and traffic law enforcment—and turns it over to the DHS for federal law enforcement and the creation of a national ID.

In 2007, Idaho was the second state in the nation to reject the REAL ID Act, our national ID law. The Idaho House and Senate passed a resolution condemning that effort to put all Americans into a national ID system. But the bureaucrats appear to have waited out the legislature. With most people’s attention elsewhere, the Idaho Transportation Department teamed up with DHS officials to move forward with a national ID.

After the DHS has tapped into Idahoans’ driver data, there is no guarantee that the uses of it would be limited to E-Verify. Mission creep is a law of gravity in government, and it’s likely over time that E-Verify and Idaho driver data will be put to new and interesting uses by the federal government. Expect the DHS to get a lot more familiar with you and your driver license data if mandatory E-Verify comes into effect and RIDE continues to grow.

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