Tag: real 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.

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.

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