Tag: real id

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.

The Path to National Identification

In my 2008 paper, “Electronic Employment Eligibility Verification: Franz Kafka’s Solution to Illegal Immigration,” I wrote about where “internal enforcement” of immigration law leads: “to a national, cradle-to-grave, biometric tracking system.” More recently, I wrote “Internal Enforcement, E-Verify, and the Road to a National ID” in the Cato Journal. The “Gang of Eight” immigration proposal includes a large step on that path to national identification.

National ID provisions in the 2007 immigration bill were arguably its downfall. Scrapping the national ID provisions in the current bill would improve it, allowing our country to adopt more sensible immigration policies without suffering a costly attack on American citizens’ liberties.

Title III of the “Gang of Eight” bill is entitled “Interior Enforcement.” It begins by reiterating the current prohibition on hiring unauthorized aliens. (What seems to many a natural duty of employers was an invention that dates back only as far as 1986, when Congress passed the Immigration Reform and Control Act. Prior to that time, employers were free to hire workers based on the skills and willingness they presented, and not their documents. But since that time, Congress has treated the nation’s employers as deputy immigration agents.)

The bill details the circumstances under which employers may be both civilly and criminally liable under the law and provides for a “good faith defense” and “good faith compliance” that employers may hope to use as shelter. The bill restates (with modifications) the existing requirements for checking workers’ papers, saying that employers must “attest, under penalty of perjury” that they have “verified the identity and employment authorization status” of the people they employ, using prescribed documents or combination of documents. Cards that meet the requirements of the REAL ID Act are specifically cited as proof of identity and authorization to work.

In addition, the bill would create a new “identity authentication mechanism,” requiring employers to use that as well. It would take one of two forms. One is a “photo tool” that enables employers to match photos on covered identity documents to photos “maintained by a U.S. Citizenship and Immigration Services database.” If the photo tool is not available, employers must use a system the bill would instruct the Department of Homeland Security develop. The system would “provide a means of identity authentication in a manner that provides a high level of certainty as to the identity of such individual, using immigration and identifying information that may include review of identity documents or background screening verification techniques using publicly available information.”

The bill next turns to expanding the E-Verify system, requiring its use by various employers on various schedules. The federal government and federal contractors would have to use E-Verify as required already or within 90 days. A year after the DHS publishes implementing regulations, the Secretary of Homeland Security could require anyone touching “critical infrastructure” (defined here) to use E-Verify. She could require immigration law violators to use E-Verify anytime she likes.

The ObamaCare Rebellion Turns Exchange ‘Deadline’ into a ‘Rolling Deadline’

The Obama administration had set a deadline of November 16 for states to signal whether they would create their own health insurance “exchanges,” or let the federal government do it.

But the federal government is so desperate to have states do the heavy lifting, and so few states are interested, that for some time (most recently in a National Review Online column that posted yesterday) I have been predicting the Obama administration would push back that deadline. It seems I was right. Well, today’s CQ Healthbeat reports:

The federal government is likely to extend the Nov. 16 deadline for states to decide whether they will run their own health insurance exchanges, according to several state officials. … Instead, HHS officials are expected to set a new deadline for states that want to operate the marketplaces alone but have a rolling deadline with ongoing discussions for states that are interested in a partnership.

What is the difference between a “rolling deadline” and no deadline?

It’s “the REAL ID rebellion“ all over again.

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.

Fake ID Foolishness

In this USA Today story, identity-based security mavens sputter about the availability of high-quality fake IDs that include digital holograms, credit-card quality plastics, and specialty inks found in “more secure” drivers’ licenses. Along with adding technical security measures to cards, states that once made driver licensing easier reversed course and discontinued issuing licenses over the counter so they could new-fangle their IDs. All this inconvenience and expense has done nothing but require bad guys (and college students) to order their driver’s licenses at sites like ID Chief.

One could have predicted all this:

The more valuable a driver’s license is for access to work, mobility, goods, and services, the more likely people will seek to acquire this document illegally. Reforms … may “stiffen” state-issued identification card processes, but they leave it brittle.

Meanwhile the expense and inconvenience of restricted access to identification cards will fall on all Americans—including the ones who need drivers’ licenses for the simple purpose of driving. Honest, law-abiding Americans will suffer impingement on their freedom of action, their individual power, and their security from identity-based frauds. The REAL ID Act is full of reforms that do not fix.

Instead of “strengthening” our national identification system, policies that reduce the value of breaking identification systems will improve identification. Jujitsu is needed much more than brawn.

That’s yours truly, writing in the 2006 Cato book, Identity Crisis: How Identification is Overused and Misunderstood.

Will Pennsylvania Join the REAL ID Rebellion?

Since Congress passed a national ID law called the REAL ID Act in 2005, states have been registering their objections. The law tries to coerce states into implementing the feds’ national ID and would have them issue uniform drivers’ licenses and put drivers’ personal information into a federal data exchange. By 2009, fully half the states had barred themselves from implementing REAL ID or passed resolutions denouncing the law.

The states continue to play their constitutional role in counterbalancing federal overreach. I noted a few weeks ago how New Hampshire is resisting E-Verify, the federal background check system. But—as I also recently wrote—federal “bureaucrats and big-governmenters” are working to revive their national ID.

Pennsylvania may soon join the REAL ID rebellion. The legislature there has sent Governor Tom Corbett (R) a bill to opt the state out of REAL ID’s national ID system.

As we often see, though, there is confusion about the relevance of IDs and a national ID to national security. In the story linked above, state representative Greg Vitali (D) is cited saying that the 9-11 hijackers were carrying multiple phony drivers’ licenses. “And I’m just concerned with regard to the message that we send by backing away from more secure IDs,” he says.

Representative Vitali is mistaken on the facts. The 9/11 hijackers did not have false identification documents. The 9/11 Commission report said: “All but one of the 9/11 hijackers acquired some form of U.S. identification document, some by fraud.” Those “frauds” were things like fibbing about the length of their residency in Virginia, not their names.

The security issues are complicated. I dealt with them in my book, Identity Crisis: How Identification is Overused and Misunderstood. But here’s what it boils down to: Had REAL ID been the law prior to 9/11 and operating perfectly—100% compliance, no corruption at DMVs, and no forgery of breeder documents or licenses—that might have required the 9/11 attackers to keep their visas current. That’s the extent of its security value.

How many hundreds of millions of taxpayer dollars should we spend, how much of Americans’ privacy should we give up, and how much power should we transfer to the federal government when the only benefit is to mildly inconvenience some future attacker?

Many of the threats we imagined in the years after 9/11 were not real. Sleeper cells? Osama bin Laden sleeps with the fishes.

Terrorism didn’t get its start on 9/11, and it will never be non-existent. But our strong nation can celebrate its victory over terrorism by deep-sixing the national ID card. That’s the “message” that would come from defeating the federal government’s national ID law.

Bureaucrats and Big-Governmenters Work to Revive Their National ID

There are some rich ironies in a recent Stewart Baker blog post touting the slow crawl toward REAL ID compliance he believes states are making. One of the choicest is that his cheerleading for a national ID appears under a Hoover Institution banner that says “ADVANCING A FREE SOCIETY.”

No, having a national ID would not advance a free society. You could say “ADVANCING A SECURE SOCIETY” but even then you’d be overstating the case. A national ID would reduce the security of individuals massively in the aggregate in exchange for modest and arguable state security gains.

Speaking of which, Baker posts a picture of Mohammed Atta’s Florida driver’s license in his post. The implication is that having a national ID would have prevented the 9/11 attacks. In fact, having a national ID would have caused a mild inconvenience to the 9/11 attackers. Billions of dollars spent, massive aggregate inconvenience to law-abiding American citizens, and a much-more-powerful federal government so that terrorists could be mildly inconvenienced?

One of the greatest ironies is that Baker doesn’t—as he never has—takes on the merits of how and how well a national ID would advance security goals. But the merits don’t matter. Baker’s post provides a nice reminder that the bureaucrats will use their big-government allies to restart their moribund national ID plans if they can. Despite massive public opposition to REAL ID, they’ll try to build it anyway.

An anti-immigration group recently issued a report saying that states are getting on board with REAL ID. (They’re meeting massively reduced REAL ID “milestones” coincidentally, not to meet federal demands.) National ID advocate Jim Sensenbrenner (R-WI) put on a lop-sided show-hearing in the House Judiciary Committee last week, hoping to prop up REAL ID’s decaying body.

As if anyone would believe it, a DHS official said at the hearing that the January 2013 deadline for state compliance would not be extended. Book your tickets now, because there won’t be a damn thing different on the airport come January. The Department of Homeland hasn’t stood by any of its deadlines for REAL ID compliance. If it did, by refusing IDs from non-compliant states at the airport, the public outcry would be so large that REAL ID would be repealed within the week.

REAL ID will never be implemented. That doesn’t stop the federal government from spending money on it, so the bureaucrats keep trying to corral you into their national ID. They get occassional help, and sometimes it even travels under the false flag of “ADVANCING A FREE SOCIETY.”