Tag: national id

“… 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.

Evo Morales’ Biometric Identity System

It was with interest and concern that I read about the new election law recently signed by Bolivian President Evo Morales. The AP reports that it “sets stricter standards for voter authentication, introducing a $30 million system of biometric identification, based on voters’ fingerprints.”

It is important to secure voting systems against fraud, but be careful how you do it. Identity systems are powerful administrative tools which historically haven’t mixed well with authoritarian governments.

A biometric voter identification system was apparently a demand of Morales’ right-wing opposition. Don’t be surprised if he uses it to consolidate power or do far worse than that to his political rivals.

Some advocates have dabbled in supporting a national ID in the United States for election administration, but that would be error. I wrote about the many risks of uniform identity systems in my book Identity Crisis: How Identification is Overused and Misunderstood.

The REAL ID Revival Bill Should Not Get a PASS

A draft Senate bill to revive the REAL ID Act has been leaked to to the anti-immigrant Center for Immigration Studies, and they find it wanting.

The bill is an attempt to smooth down REAL ID and make the national ID law more palatable. CIS is unhappy because they want a national ID implemented right away.

REAL ID is, of course, failing. Just ten months ago, the Bush Administration’s Secretary of Homeland Security granted waivers to every state in the country - not a single one of them was in compliance by the May, 2008 deadline, and several have statutorily barred themselves from complying.

Legislation to repeal REAL ID in both the House and Senate was introduced in the last Congress, but with an administration and Department of Homeland Security eager to demagogue the issue against a Democratic Congress, that legislation did not move. Repealing REAL ID would not have the same problem in the current Congress.

But since then, Washington’s wheels have been turning. The National Governors Association has turned into an advocate of reviving REAL ID because it hopes that federal dollars will flow behind federal mandates. They won’t, but reviving REAL ID will cement NGA’s role as a beggar for federal dollars in Washington. (Maybe other state legislator groups, as well.)

Everbody in Washington, D.C. salivates over the chance to make “deals” even if that means switching positions on issues of principle like whether the U.S. should have a national ID. We’ll be watching to see which political leaders reverse themselves and support this attempt at a national ID for their love of political dealmaking.

The working name of the REAL ID revival bill is the “PASS ID Act.” It should not be given a pass by opponents of a U.S. national ID and the REAL ID Act.

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.

U.S. Chamber on Electronic Employment Verification

The U.S. Chamber of Commerce has a new paper out on electronic employment verification systems. Using government estimates, it finds that operating a nationwide worker background check system would cost $10 billion a year.

The Chamber is no opponent of requiring employers to check workers’ immigration status – I oppose the policy, preferring to live in a free country – but the paper has a lot of information about the practical impediments to giving the federal government a say in every hiring decision.

It also gives the last word to my paper, Electronic Employment Eligibility: Franz Kafka’s Solution to Illegal Immigration. In the paper, I discuss a method for verifying work eligibility under the current immigration law without creating a national identity system. It’s possible, but highly unlikely. As I say in my paper:

Unless the federal government can accept the risk of error and is willing to commit to lasting employment eligibility rules, it will require any internal enforcement program to use databases and tracking rather than just issuing cards that prove eligibility to work and nothing more. It will push Americans toward a national ID and worker surveillance system.

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.

DHS Officials Skirt Open Meeting Laws to Promote REAL ID

There’s not much chance that U.S. Department of Homeland Security officials went to Annapolis to argue against having Maryland implement the national ID law. Maryland’s Gazette reports:

Federal homeland security officials skirted open meetings laws at a briefing last week on the state’s efforts to comply with the federal Real ID Act, unsettling several lawmakers in an era of heightened government transparency.

A meeting with the Maryland House Judiciary Committee members and other lawmakers was carefully regulated to avoid reaching a quorum so open meeting rules could be avoided.

Something is funny in the state of Maryland, and something is funny at the DHS, to insist on holding closed meetings about REAL ID during what President Obama promised would be the most open and transparent administration in history.

Napolitano revealed early this month that she has been collaborating with the National Governors Association on REAL ID. Just what they plan also remains a secret.

As governor of Arizona, she signed legislation to resist REAL ID, but politicians that come to Washington have a tremendous capacity to go native and start working to build federal power. There’s even precedent for them working with the NGA to do it.