Tag: national id

WaPo: Let’s Have a National Identity System

There can be no denying the link between the E-Verify system prominent in discussions of immigration reform and the policy of having a national identification system. The Washington Post editorialized about it this past weekend, saying “a universal national identity card” must be part of “any sensible overhaul of the nation’s immigration system.”

I’ve written about it many times, as I certainly will in the future. Today, though, I’ll commend to you a well-written piece by David Bier on the Competitive Enterprise Institute’s “Open Market” blog. In “The New National Identification System Is Coming,” Bier writes:

“Maybe we should just brand all the babies.” With this joke, Ronald Reagan swatted down a national identification card — or an enhanced Social Security card — proposed by his attorney general in 1981. For more than three decades since, attempts to implement the proposal have all met with failure, but now national ID is back, and it’s worse than ever.

Read the whole thing.

The irony is that appropriate immigration reforms—those that align the law with our country’s need for immigrant workers—could dispense entirely with “internal enforcement,” national employment surveillance, and deputization of businesses as immigration agents.

“We’re Going to Have to Come Up with Something.”

And that something is a national ID.

The quote is Senator Chuck Schumer’s (D-NY), speaking about immigration reform at Politico’s Playbook Breakfast. The national ID gloss is mine, based on the immutable logic of “internal enforcement.”

Senators Schumer and McCain (R-AZ) say that the “Gang of Eight” senators who are working up an immigration reform package are united on the idea of making it impossible for illegal immigrants to get work in the United States. The only way to do that is to put all working Americans—if you work, that means you—into a national ID system.

“People say, ‘National ID card,’” Senator Schumer says. They do because that is what he’s talking about.

Now, they haven’t gotten all the way through the logic of their plans. Senator Schumer talks about a “non-forgeable [Social Security] card,” but a Social Security card only proves that a certain name is linked to a certain number. If a system is going to prove that a given person is entitled to work in the United States, it must be an identity system. It must compare the identifiers of the person to the identifiers in the system, whether held on a card or in a database, so that it can assess their legal status, including natural-born citizenship.

This is why Senator Schumer also talks about biometrics. The system must biometrically identity everyone who works—you, me, and every working American you know. There is no way to do internal enforcement of immigration law without a biometric national identity system.

It looks as though E-Verify, an incipient national ID system, will be a part of most or all comprehensive immigration reform proposals. Ironically, immigration reform that aligns the law with our country’s economic need for labor would obviate the need for E-Verify and a national ID. 

There are lots of ways to become familiar with the national ID issues that have yet to bubble up in this early stage of the immigration reform debate. My 2006 book, Identity Crisis, is a decent primer on identity and national ID generally. I examined the direct line between internal enforcement of immigration law and a national ID in my 2008 paper: “Electronic Employment Eligibility Verification: Franz Kafka’s Solution to Illegal Immigration.” And my article in last year’s special Cato Journal on immigration reform was called: “Internal Enforcement, E-Verify, and the Road to a National ID.”

Here’s Your Answer, Governor Martinez

New Mexico’s Governor, Susana Martinez (R), wrote a letter to DHS Secretary Janet Napolitano last week asking for assurance that implementation of our national ID law, the REAL ID Act, will not be pushed back again beyond the upcoming January 15, 2013 deadline. Here’s your answer, Governor Martinez.

Congress passed REAL ID in 2005 as an attachment to a military spending bill. The law never had a hearing in the House or Senate.

In 2006, the policy of having a national ID implemented by states was beginning to sink in, and in April of that year, Representative Neal Kurk, a Republican from Weare, New Hampshire, spoke eloquently against REAL ID, saying:

I don’t believe that the people of New Hampshire elected us to help the federal government create a national identification card. We care more for our liberties than to meekly hand over to the federal government the potential to enumerate, track, identify, and eventually control.

Thus began the “REAL ID Rebellion.”

It wasn’t the U.S. Congress that had the first hearing on REAL ID. It was the New Mexico legislature in September 2006.

A year and a half after the law passed, New Mexico legislators heard about the costs and consequences of having a national ID. The Wall Street Journal dubbed the federal policy “Real Bad ID” the next month.

In 2007, states across the country started passing legislation barring themselves from complying with REAL ID and denouncing the law. By 2009, half the states in the country would say “NO” to REAL ID.

The law had a three-year implementation schedule, meaning states were supposed to start issuing national IDs in March 2008. But about a year before the deadline, then-Secretary of Homeland Security Michael Chertoff announced in conjunction with the release of draft implementation rules that the Department would grant extensions to all States requesting them. The final deadline for compliance was now going to be December 31, 2009.

The DHS didn’t come out with standards for REAL ID until January 2008, just months from the original May 2008 statutory deadline. DHS pushed the deadline for extension requests, which hadn’t come in, to March 31, 2008. The December 31, 2009 deadline that DHS had earlier announced became an “initial” deadline, with a later “real” deadline of October 11, 2009 for states that achieved “certain milestones.”

When the March 31, 2008 deadline for extension requests came, the states were not forthcoming with them. Montana notified the DHS that was not going to comply with the REAL ID Act, ever. The DHS saw the writing on the wall and treated that notification as a request for an extension—and granted it.

The Missoulian reported “Montana Wins REAL ID Standoff.” New Hampshire won, too. And so did South Carolina.

By September 2009, several states were declining to ask for a second extension (with a showing of material compliance), so DHS kicked the deadline for extension requests down to December 2009. And in December 2009, with states still refusing compliance with REAL ID, the DHS stayed the compliance deadline “until further notice.”

In March of 2011, the DHS quietly extended the deadline again, this time to the current date of January 2013.

You can see the writing on the wall, Governor Martinez. The states are not going to implement REAL ID—not the ones that respect their place in our constitutional system, anyway. Accordingly, the DHS will—as it must—extend the deadline for REAL ID once again, as Congress continues its failure to do away with the moribund national ID.

Governor Martinez may see this as a way to score some points—a two-fer even. She can suggest that DHS Secretary is soft on security and she can use REAL ID in her push to restrict access to drivers’ licenses in her state.

But when Janet Napolitano extends the REAL ID deadline, she’ll be just as soft on security as her predecessor Michael Chertoff was. New Mexico is one of the few states that still uses drivers’ licenses to administer driving and doesn’t condition licensing on proving one’s citizenship or immigration status. If Governor Martinez wants to change that, investing New Mexicans in the national ID system as a byproduct of Congress’ failure to pass comprehensive immigration reform, that’s between her and her constituents.

You Can Say it All You Want

…but that doesn’t make it true.

One of the laws recently signed by the president, which Congress quietly passed before leaving town to campaign, was Public Law 112-176. Among other things, it extended the authorization the national background check system, E-Verify.

A line tacked on to the end of the law speaks to an issue with E-Verify:

Nothing in this Act may be construed to authorize the planning, testing, piloting, or development of a national identification card.

Well, you can say it all you want, but that doesn’t make it true.

Maybe Congress is playing a little trick, saying “no national ID card,” knowing that E-Verify is a cardless national ID system.

Defund REAL ID

Lots of other stories have dominated the headlines lately, so people have paid little attention to news that House and Senate leaders have settled on a plan to fund the government for the first half of fiscal 2013 through a continuing resolution.

Senator Reid’s press release states that the agreement “will avoid a government shutdown while funding the government at $1.047 trillion.” If only that were true. The president’s most recent budget estimates that federal outlays will be something more like $3.8 trillion.

Whatever the case on the total figures, this is a good time to be asking just what will be in that six-month extension of government funding. And I’m particularly interested in whether it will continue to fund our national ID law, the REAL ID Act.

Not being a dialed-in appropriations lobbyist, all I have to go on are the proposals for Department of Homeland Security spending that the House and Senate have put together. Those proposals are H.R. 5855, the Department of Homeland Security Appropriations Act, 2013, and S. 3216, the Department of Homeland Security Appropriations Act, 2013. Both bills spend about $450 per U.S. family on the operations of the DHS.

Poring through the bills and committee reports, I find REAL ID funding in a pot of over $1.7 billion administered by FEMA in its “State Homeland Security Grant Program.” The House Appropriations Committee says the money should be divided among many different programs “according to threat, vulnerability, and consequence, at the discretion of the Secretary of Homeland Security.” Considering what little REAL ID does for security, the Secretary could zero out REAL ID. But this is unlikely to happen.

I find no mention of REAL ID in the Senate bill, though there is a similar pot of money that I assume might fund REAL ID implementation in the states. Precious dollars that local bureaucrats feel utterly obligated to chase after.

With REAL ID funding becoming an also-ran in the world of homeland security grants, its long, slow decline continues. But I have no capacity to calculate the amounts going to REAL ID implementation. That’s nicely hidden in the opacity and arcana of federal government grant-making.

Were I asked what to put in the upcoming continuing resolution, I would simplify things dramatically. I would recommend that REAL ID be stripped from the “State Homeland Security Grant Program.” Zeroed out. Nada. Nothing. In fact, I would add REAL ID to the cluster of Provided’s and Provided further’s that make appropriations bills so hard to read:

Provided further, that no funds shall be used to implement section 204 of the REAL ID Act of 2005 (49 U.S.C. 30301 note).

The country rejects having a national ID. The government is under tight budgetary constraints. The policy that kills two birds with one stone is to entirely defund the national ID law, barring any federal expenditures on its implementation. If Congress can’t see fit to repeal the law, the DHS can issue another blanket extension early next year when a new faux implementation deadline for the national ID law arrives.

New Hampshire Says No to National ID

New Hampshire has been a bellwether state in national ID debates before. I wrote about its push-back against the E-Verify federal background check system in a recent post entitled “Cardless National ID and the E-Verify Rebellion.”

The bill that was the subject of that post, HB 1549 by Rep. Seth Cohn (R-Merrimack 6), has now passed the Senate, and it is on its way to Governor John Lynch’s desk for his signature.

It is pared down from its original version, but it now makes clear that state driver’s license records cannot be used in a national identification system. That is what E-Verify is rapidly becoming, and New Hampshire has rapidly said “No.”

‘How an E-Verify Requirement Can Help’

I know little about a House Judiciary Committee hearing tomorrow on E-Verify, but the title of it has a peculiar odor: “Document Fraud in Employment Authorization: How an E-Verify Requirement Can Help.”

You see, the immigration policies Congress has set are the source of the problem. Document fraud is made more likely by employment authorization requirements meant to enforce them, which are also—let’s remember—intrusive and costly business regulation.

In my Cato Policy Analysis “Electronic Employment Eligibility Verification: Franz Kafka’s Solution to Illegal Immigration,” I wrote about restrictive immigration policies and the intrusive “internal enforcement” programs they have spawned. In a section titled “Counterattacks and Complications,” I examined how workers and employers will collude to avoid and frustrate worker verification. Mandatory E-Verify will increase identity and document fraud because it makes these frauds profitable. Trying to solve this problem, the government will naturally gravitate toward more powerful identity systems, including biometric identity cards and tracking.

Sure enough, House Judiciary Committee chairman Lamar Smith’s bill, the “Legal Workforce Act,” has a “pilot program” for a biometric national identity card.

When committing fraud is the pathway to productive employment, you know something is out of whack. Among the things out of whack are: too-restrictive immigration policy, internal enforcement, and E-Verify. This is supposed to be a free country where willingness and ability are the keys to employment.