Congress set to impose ID card rules: States would need to verify papers

boston.com ^ | May 5, 2005 | Charlie Savage

[Destro]

Congress set to impose ID card rules
States would need to verify papers

By Charlie Savage, Globe Staff | May 5, 2005

WASHINGTON -- Congressional negotiators have agreed on a sweeping new system that would nationalize standards for driver's licenses and state identification cards, requiring states to verify the authenticity of every document that people use to prove their identity and show their legal residency.

If the House and Senate both pass the bill next week as expected, by May 2008 every state will be required to contact the issuers of birth certificates, mortgage statements, utility bills, Social Security cards, and immigration papers before granting a driver's license. States will also have to keep copies of those documents for seven years.

Touted as an antiterrorism measure, the Real ID Act would effectively erase laws in nine states that allow undocumented immigrants to obtain standard driver's licenses, which are widely accepted as official identification for boarding airplanes, opening bank accounts, and entering federal courthouses.

[PackardClipper]

The only thing I'm saying with the Real ID Act is there doesn't appear to be much in the way of changes to what they're already subjecting us too except for the additional burden of proving who you are.

If I am free, why do I have to prove my innocence before I travel?

[Hank Rearden]

I stood in line 4.5 hours to renew my drivers license at the DMV in the Van Nuys, Ca office.

One of the several nice things about living in a small town: there's usually nobody in our DMV except Jabba the Hutt on the other side of the counter.

Last time I renewed, several years ago, Jabba (he's really that huge, perched on a stupid little stool) gave me a ration of sh$% about something or another, so I posed the following question to him: "When you were a little boy, daydreaming about what you'd grow up to be, and how you'd live your life . . . . . was this it???????"

Jabba was stupified and just gave me the usual government-drone cow eyes.

But I didn't have to wait in line to be ministered to by Jabba.

See my tagline.

[Reaganwuzthebest]

It's little things like that which have caused me to become a paranoid cynic.

A lot of people are getting cynical and rightly so. The government should have dealt with the root cause from the beginning, which is out of control illegal immigration.

[oceanview]

innocence? its simply your identity that you are proving.

[Reaganwuzthebest]

If I am free, why do I have to prove my innocence before I travel?

You're free to travel without proving anything but driving a car is a privilege not a right. I understand what you're trying to say but if you don't believe in providing any legitimate identity documents to receive a license how would you prevent fraud? How would they be able to keep convicted drunk drivers from getting licenses?

[R. Scott]

My Virginia driver’s license expires in less than a year, so just in case we implement the program early I figured I should be prepared. A passport could come in handy even if I don’t travel. A dear friend lost her license some time ago and needed three forms of ID – or her passport. She was flustered (and she’s a lawyer!) and didn’t read the part about the passport. She was extremely agitated until I looked into it told her all she needed was her passport.

[R. Scott]

If they haven't lost their copy.

[Dustbunny]

not so long ago, I was against this kind of federal ID action - but now, the onslaught of illegal immigration has forced me to "evolve" my position

You would not make such a statement if you had moved from your home state, returned in 10 years and attempted to get a driver's license. It happened to me, it was unbelievable. No matter what proof I showed including a deed to our property that is in my name and has been for the last 30 years, a Real Estate tax bill in my name, my birth certificate which of course had my maiden name, marriage license etc. it went on and on and on. If I had been illegal I probably could have 'bought' all the proof I needed.

Simply amazing how the government makes it so easy for the criminals while putting the honest citizen through hell.

[Loud Mime]

The list of amendments in this legislation amazes me:

http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR01268:@@@S

This was the information I had on the bill prior to many of the acts of the Senate:

Information:

How far will we allow government to go in an effort to curb illegal immigration? Although this proposed law does set new standards for drivers’ licenses and State identification cards, it goes far beyond that.

What this Bill Will Do:

1. Federal standards are set for the documentation necessary to get a driver’s license or State ID card

2. Procedures for deportation, or refusal to admit, certain aliens is clarified and simplified.

3. State driver’s information databases are linked for law enforcement in the original version; it has been removed for now.

4. Legal and procedural challenges to prevent the physical strengthening of borders are stopped.

———————————

1. Driver’s License and State ID

“b) Minimum Document Requirements-
To meet the requirements of this section, a State shall include, at a minimum, the following information and features on each driver's license and identification card issued to a person by the State:
(1) The person's full legal name.
(2) The person's date of birth.
(3) The person's gender.
(4) The person's driver's license or identification card number.
(5) A digital photograph of the person.
(6) The person's address of principle residence.
(7) The person's signature.
(8) Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes.
(9) A common machine-readable technology, with defined minimum data elements.

(c) Minimum Issuance Standards-
(1) IN GENERAL- To meet the requirements of this section, a State shall require, at a minimum, presentation and verification of the following information before issuing a driver's license or identification card to a person:
(A) A photo identity document, except that a non-photo identity document is acceptable if it includes both the person's full legal name and date of birth.
(B) Documentation showing the person's date of birth.
(C) Proof of the person's social security account number or verification that the person is not eligible for a social security account number.
(D) Documentation showing the person's name and address of principal residence.
(2) SPECIAL REQUIREMENTS-

(A) IN GENERAL- To meet the requirements of this section, a State shall comply with the minimum standards of this paragraph.

(B) EVIDENCE OF LAWFUL STATUS- A State shall require, before issuing a driver's license or identification card to a person, valid documentary evidence that the person--
(i) is a citizen of the United States;
(ii) is an alien lawfully admitted for permanent or temporary residence in the United States;
(iii) has conditional permanent resident status in the United States;
(iv) has an approved application for asylum in the United States or has entered into the United States in refugee status;
(v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
(vi) has a pending application for asylum in the United States;
(vii) has a pending or approved application for temporary protected status in the United States;
(viii) has approved deferred action status; or
(ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.” ------ Any license or ID card that is issued to a person with a limited visa or application will have the expiration dates match; so, when the visa expires, so will the driver’s license or State identification card.

2. Preventing Relief From Removal of Aliens

This law will put a heavier burden of proof on any person who seeks political asylum in the United States, and gives the Feds strong powers in denying entrance to aliens if they have even the remotest ties to any suspected terrorist or terrorist activities. By putting written details on immigration restrictions and the deportation of unwanteds, the court challenges are kept to an absolute minimum.

3. Linking of Databases (REMOVED FROM BILL)

Although the feds do not require that a State link its drivers’ information databases with a national network, it ‘suggests’ it by this language: “To be eligible to receive any grant or other type of financial assistance made available under this title, a State shall participate in the interstate compact regarding sharing of driver license data.” Included in the required information will be all the data on the driver’s license and the driver’s history, “including violations, suspensions, and points on licenses.”

4. Physical Improvements on Our Borders

The Secretary of Homeland Security will have the power to waive all laws that he determines necessary to “ensure expeditious construction of the barriers and roads” necessary for border security. There is no limitation concerning this section; as a matter of fact, it is written in this law that these decisions reached by the Secretary of Homeland Security are not subject to judicial review. Although this may be designed to stop any potential suits involving the concerns of environmental or human rights groups, one wonders if any private property rights will also be affected.

[snowsislander]

There is something here that hasn’t been address: A U.S. citizen living outside the U.S. who does not have a state driver’s license, only the drivers license from the country where one lives. Maybe the U.S. Embassy will be called upon to take care of this as they do passports.

Yes. An expat coming back to the U.S. may well not have any U.S. utility bills (and where did they get this bizarre utility bill presentation requirement from? France?) or mortgage papers. He's likely to have a passport, social security card, and maybe a foreign driving license.

How does he get back into the system?

[goldstategop]

Actually, its a good step towards solving our illegal alien problem. We have to do more to regain control of our borders and the first thing is to know who is authorized to be in our country.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[snowsislander]

If a license or any card turns into a national id where it's required no matter what you do, including making purchases in a store or just walking outside then I'd agree that idea needs to be stopped. All this does is set national uniform standards to get a license, nothing much else is changing that I can see.

You can be guaranteed that it will also be a license that will be required to fly on commercial airlines and for rail travel, and it will likely be required even for bus travel. It's effectively an internal passport which will eventually be scanned each time you enter most inter-city/interstate public transportation.

[goldstategop]

There is already a "black" market in forged drivers licenses, birth certificates, passports, and social security cards. You can get ID in the name of the dead for a price whether you're are or aren't a citizen. I'm not pretending it'll ever go away but after 9/11, the traditional opposition among conservatives to a national ID has collapsed. We no longer live in a world in which we have two oceans as moats to protect us from the world's quarrels. And we have permissive immigration policies that serve as a welcome mat to the rest of the world regardless of whether these people have our country's welfare at heart. Americans have no way to distinguish friend from foe or even to protect our borders. No country can survive for long if it can't maintain its national sovereignty. Thus, we need to determine who can legally live here. That's the key to effective enforcement of our immigration laws.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[Gritty]

After living here in North Carolina and having to wait in line behind dozens of illegal aliens ("alleged", of course) who are getting an NC Drivers License - and an opportunity to vote and get other benefits - based on the "proof of identity" of a single utility bill in their possession, I heartily concur. Something needs to be done to stop this never ending horde of illegals from pretending they are Americans.

Passports require such proofs of citizenship. Why not require the same of Driver's Licenses, which are already de facto National I.D. cards so we may as well treat them for what they are.

[Reaganwuzthebest]

It's effectively an internal passport which will eventually be scanned each time you enter most inter-city/interstate public transportation.

They might try and it needs to be opposed. That along with mandatory GPS in cars, which some states out west are trying to implement.

[Conservative4Ever]

True...but they are also an excellent form of second ID which is sometimes needed for banking, etc. and not just exclusively for foreign travel.

Red

[Conservative4Ever]

I know of people who have passports who have never traveled overseas. Passposts are an excellent form of second ID needed for banking, etc.

Red

[libertarianben]

It will be used as a National ID card, you know it will. History tells us so. Anything the government says believe the exact opposite.

[Reaganwuzthebest]

It will make it somewhat easier to track licensed individuals across state lines, that's true. But as I said a lot of this was already going on with most of them, the legislation just encourages those that weren't to follow suit.

[libertarianben]

We know who the illegal aliens are. They are usually Mexicans that can't speak little to no english. Also or sometimes with no ID. I think the government is just using illegal immigration as a way to further push more government into our lives.