Town Hall Meeting on DHS Regulations Implementing REAL ID, Another “Capture the Illegal Immigrant” “Game”, and More

May 2, 2007

The REAL ID Act, signed by President Bush in 2005, sets national standards for driver’s licenses and identification cards and is scheduled to take effect May 11, 2008. The Department of Homeland Security released for notice and comment proposed regulations implementing REAL ID on March 9. On May 1 (for background, click here) the Department of Homeland Security held a town hall meeting from on the campus of UC Davis on the proposed regulations. The meeting was facilitated by the California Department of Motor Vehicles at DHS’ request, and is scheduled to be the nation’s only open meeting on REAL ID (here).

The REAL ID Act, among other things, imposed federal standards on state issued driver’s licenses, in no small part in response to the controversy in many states, including California, over whether undocumented immigrants should be eligible for driver’s licenses. The proposed regulations would require every California driver license and identification card holder to appear in a DMV field office in person to be recertified. This would increase lines, consume staff time, etc. Individuals would be required to bring documents including a certified birth certificate, an unexpired U.S. passport, proof of social security numbers and proof of address documents. California DMV has raised numerous questions about the proposed regulations, which can be found at http://www.dmv.ca.gov/about/real_id/real_id.htm. Additional information on the REAL ID Act can be found on the Department of Homeland Security Web site at www.regulations.gov [Docket ID number: DHS-2006-0030-0001].

The ACLU (here) has registered objections to the DHS regulations based on privacy and other concerns. The Leadership Conference on Civil Rights, representing a consortium of civil rights organizations, has called for the outright repeal of REAL ID as “completely unworkable.”

I attended the beginning of the town hall meeting on May 1. Dr. Richard Barth, Assistant Secretary of the Office of Policy Development at the Department of Homeland Security, emphasized the national security issues surrounding the issuance driver’s licenses by showing a Power Point picture of September 11 hijacker Mohammed Atta’s Florida license. The point that Assistant Secretary Barth was making was not clear to me given that Atta did not commit identity fraud — his license said who he in fact was. And Atta had entered the country lawfully and, even under REAL ID and its implementing regulations, might well be eligible for a license in many states.

Califonia Department of Motor Vehicle Director Director George Valverde offered thoughtful comments and expressed the concern that the regulations as federal mandates would impose hundreds of millions of dollars of costs on California with no discernible security benefits. Members of the public offered comments on privacy, security, and related issues.

It was a busy immigration day at UC Davis in addition to the DHS town hall meeting. There was labor picketing and march on campus, with some pro-immigrant and anti-war marchers participating as well. Students were holding the annual week of cultural and educational activities known as La Raza Cultural Days in the main quad of the campus and, without securing a campus permit necessary for events on campus, the California Campus Republicans planned to hold — on the same a quad at the same time — a “game” of “Illegal Immigrant Capture the Flag.” The rules, which were posted on Facebook.com, were

1. Team Illegal Immigrants must out number Team INS

2. Team INS must play with their hands tied behind their backs

3. Team INS plays defense the entire time

4. Every 10 minutes, those on Team Illegal Immigrants caught by Team INS will be granted amnesty and set free

5. All other rules apply only to team INS.

Needless to say, the game provoked outrage among many UC Davis students and faculty — especially Latina/o. Many more counter-protesters, including law students who marched from the School of Law, than protesters appeared on the scene. For a news reports, click here. We reported (here) on a similar game at NYU in February.