Tag: real id act

“… 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.

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.

EDLs on the Ropes

With the REAL ID Act floundering in state resistance, DHS officials and government contractors have been pinning their hopes on “enhanced drivers licenses” or EDLs. These are state-issued driver’s licenses that the Department of Homeland Security and State Department have agreed to treat as proof of citizenship for purposes of border crossings.

With the flexibility of doing things by fiat, outside of a statutory process, the bureaucracy had gotten some traction with this ID system – most notable for its use of long-range RFID (radio frequency identification tags) to track people.

But news comes today that the Canadian province of Saskatchewan is scrapping its plans to create EDLs for U.S. border crossings, mostly due to cost.

“I was comfortable in the $25 to $50 range, but when I saw those costs (for an enhanced driver’s licence) go above $50 and nearing the cost of getting a passport, the argument for just having a passport became stronger and stronger and I think logically we’ve made the right decision here,” [Crown Corporations Minister Ken] Cheveldayoff said.

With more vocal opposition to RFID-based tracking in EDLs south of the border (that is, here in the states), the U.S. EDL may run into more than just cost concerns. And there is discomfort brewing with federal agencies cooking up an identity system on their own.

For all its faults, at least REAL ID had a statutory mandate. EDLs could end up being anything bureaucrats want them to be, which could be worse than what Congress put together in REAL ID.

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.