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ImmigrationProf Blog
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DHS RELEASES REAL ID REGULATION

By immigrationprof

The U.S. Department of Homeland Security (DHS) announced today a final rule establishing minimum security standards for state-issued drivers’ licenses and identification cards. The rule sets uniform standards that enhance the integrity and reliability of drivers’ licenses and identification cards, strengthen issuance capabilities, and increase security at drivers’ license and identification card production facilities. DHS states that REAL ID will address document fraud by setting specific requirements that states must adopt for compliance, to include: (1) information and security features that must be incorporated into each card; (2) proof of the identity and U.S. citizenship or legal status of an applicant; (3) verification of the source documents provided by an applicant; and (4) security standards for the offices that issue licenses and identification cards. The first deadline for compliance with REAL ID is Dec. 31, 2009. By then, states must upgrade the security of their license systems, to include a check for lawful status of all applicants, to ensure that undocumented aliens cannot obtain licenses. Some states are expected to be compliant well before that time. Compliance will be needed for access into a federal facility, boarding commercial aircraft, and entering nuclear power plants. Federal agencies will continue to accept licenses for official purposes from residents of states that comply with the law. DHS is making approximately $360 million available to assist states with REAL ID implementation – $80 million in dedicated REAL ID grants and another $280 million in general funding as part of the Homeland Security Grant Program.REAL ID was a core 9/11 Commission finding and mandated by Congress in the REAL ID Act of 2005. This final rule follows a Notice of Proposed Rule Making published in the Federal Register on March 9, 2007. Based on comments received from various stakeholders, DHS drafted the final rule with the hope to to substantially reduce costs and account for investments that many states have already made to improve the security of their drivers’ licenses. This final rule is currently available at www.dhs.gov and will soon be published in the Federal Register.

KJ