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Real ID Act

REAL ID Act
Great Seal of the United States
Other short titles
  • Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005
  • Reaffirmation of State Regulation of Resident and Nonresident Hunting and Fishing Act of 2005
  • Save Our Small and Seasonal Businesses Act of 2005
Long title An Act to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, and to ensure expeditious construction of the San Diego border fence.
Nicknames REAL ID Act of 2005
Enacted by the 109th United States Congress
Effective
  • May 11, 2008 (original);
  • January 20, 2014 (current)
Citations
Public law 109-13
Statutes at Large 119 Stat. 302
Codification
Titles amended 8 U.S.C.: Aliens and Nationality
U.S.C. sections amended 8 U.S.C. ch. 12, subch. I § 1101 et seq.
Legislative history

The REAL ID Act of 2005, Pub.L. 109–13, 119 Stat. 302, enacted May 11, 2005, is an Act of Congress that modifies U.S. federal law pertaining to security, authentication, and issuance procedures standards for the state driver's licenses and identity documents, as well as various immigration issues pertaining to terrorism.

The law sets forth requirements for state driver's licenses and ID cards to be accepted by the federal government for "official purposes", as defined by the Secretary of the United States Department of Homeland Security. The Secretary of Homeland Security has currently defined "official purposes" as boarding commercially operated airline flights and entering federal buildings and nuclear power plants, although the law gives the Secretary the unlimited authority to require a "federal identification" for any other purposes.

The REAL ID Act implements the following:

On December 20, 2013, the Department of Homeland Security announced that implementation of Phase 1 would begin on January 20, 2014, which followed a yearlong period of "deferred enforcement". There are four planned phases, three of which apply to areas that affect relatively few U.S. citizens—e.g., DHS headquarters, nuclear power plants, and restricted and semi-restricted federal facilities. The timeline for Phase 4, which applies to boarding federally regulated commercial aircraft, will be determined after DHS conducts an evaluation of how the first three phases were implemented. To "ensure that the public has ample advanced [sic] notice", DHS says that Phase 4 will not be implemented before January 1, 2016. On January 8, 2016, DHS issued a revised implementation schedule for Phase 4, stating that starting January 22, 2018 "passengers with a driver’s license issued by a state that is still not compliant with the REAL ID Act (and has not been granted an extension) will need to show an alternative form of acceptable identification for domestic air travel to board their flight". Starting October 1, 2020 "every air traveler will need a REAL ID-compliant license, or another acceptable form of identification, for domestic air travel." As of March 2017, 26 states and territories have been certified as sufficiently compliant or making sufficient progress toward compliance, 26 have been granted extensions, and 4 have not been certified as sufficiently compliant or received extensions.


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