Tag: real id

New Hampshire Ends Brief Flirtation with National ID Compliance

When the REAL ID Act passed in 2005, Senator Joe Lieberman (D-CT), no civil libertarian, called the national ID law “unworkable” for good reason. It seeks to herd all Americans into a national ID system by coercing states into issuing drivers licenses (and sharing information about their drivers) according to complex federal standards.

The hook REAL ID uses in seeking to dragoon states into compliance is the threat that TSA agents will refuse IDs from non-complying states at our nation’s airports. The threat is an empty one. Consistently over years, every time a DHS-created compliance deadline has come around, state leaders with spines have backed the Department of Homeland Security down. I detailed the years-long saga of pushed-back deadlines last year in the Cato Policy Analysis, “REAL ID: A State-by-State Update.”

DHS has stopped publishing deadline changes in the Federal Register–perhaps the endless retreats were getting embarrassing–and now it has simply said on its website that TSA enforcement will begin sometime in 2016. But it’s evidently back-channeling threats to state officials. Those folks–unaware that REAL ID doesn’t work, and disinterested in the allocation of state and federal power–are lobbying their state legislatures to get on board with the national ID program.

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?

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.

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.

Congress Spends Your Tax Dollars on a National ID

It’s appropriations season! – that wonderful time of year when the House and Senate pass competing versions of legislation to fund government agencies, bureaus, and…whatever pork and pet projects they can squeeze in.

Congress has made most of its spending decisions over the past few years through last-minute continuing resolutions or consolidated appropriations bills. That makes it harder to follow the money (which may be part of the reason they’ve been doing it that way), but it’s important to watch the dollars because some of that money is going toward national ID systems and biometrics.

Last week the House passed their FY 2014 Department of Homeland Security appropriations bill. As in years past, the legislation contains funding for three of everyone’s favorite identification programs: REAL ID, E-Verify, and US-VISIT/the Office of Biometric Identity Management (OBIM), a DHS office covering biometrics for travelers at airports, ports, and other points of entry.

For the coming fiscal year, the House appropriated $114 million for E-Verify, $232 million for OBIM, and $1.2 billion for the State Homeland Security Grant Program (SHSGP), from which grants for REAL ID implementation get doled out to states.

These numbers are consistent with past levels of appropriations for these programs, with the exception of REAL ID, which had its own funding stream until it was folded into SHSGP in fiscal 2012.