July 21, 2014 marked “Phase 2″ of implementation of the REAL-ID Act.
What does this mean, and does it matter?
As of July 21, drivers’ licenses and other state ID credentials issued by US states or territories that haven’t been certified by the DHS to comply with the REAL-ID Act cannot be accepted by Federal agencies for access to ID-controlled “restricted” areas of Federal facitlties (”i.e., areas accessible by agency personnel, contractors, and their guests”).
Because Federal agencies typically issue their own ID credentials to their own employees and regular contractors, this will mostly affect occasional visitors to Federal facilities. NASA, for example, which has facilities in states that have not been certified by DHS as sufficiently compliant, has issued this advice to would-be visitors:
Effective July 21, 2014, the implementation of Phase II of the Real-ID Act (2005) restricts the use of state ID from non-compliant states (including New York) as an acceptable form of identification for federal facilities (including NASA GISS). If you are intending to visit GISS and only have a standard drivers license from a non-compliant state, please ensure that you have a second form of ID (passport, military ID, etc.) to avoid unnecessary complications.
It isn’t clear from this notice, or others we’ve seen, what these “unnecessary complications” will amount to. Visitors with ID credentials from non-compliant states will, presumably, be treated as visitors without “valid” state ID credentials, but that begs the questions of whether or on what basis they will be allowed entry after additional scrutiny or some form of alternate ID verification, allowed entry but only if escorted by staff and not allowed unescorted, or denied entry entirely.
In its eseence, the REAL-ID Act was intended to mandate the creation of a distributed national identity card system. The key “compliance” requirement for states and territories is participation in a linked, distributed database of ID-card and biometric information about all ID cardholders nationwide.
The intent of the Federal law is to force states to particpate in (and absorb the cost of) this scheme, sparing the Feds the costs and hassle of issuing national ID cards and providing (implausible) deniability as to whether it’s a “national ID” at all: “See, it’s not a ‘national’ ID card. It’s still issued by your state.”
But since the Feds probably don’t have jurisdiction over state issuance of drivers’ licenses or state ID cards, the REAL-ID Act relies on threats, rather than direct orders, to extort compliance by states resistant to registering their citizens and residents in a national ID database.
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