Resistance Against REAL ID Continues
by Mickey McCarter   
Monday, 16 June 2008

Several states move against enhanced drivers' licenses 

Several state legislatures last week stepped up debates over laws that would prevent their states from participating in the federal REAL ID program, despite the fact that the Department of Homeland Security (DHS) secured agreements with the executive branches of all 50 states to participate in the system earlier this year.

The Arizona House of Representatives June 11 passed legislation, by a vote of 21-7, to stop adoption in Arizona of the REAL ID Act of 2005 (PL 109-13) after the state senate approved the same measure, 21-7, on May 6. The legislature submitted the bill to Democratic Gov. Janet Napolitano for consideration.

The REAL ID Act requires states to upgrade their drivers' licenses to toughen their security standards, embedding biometric identifiers and stronger encryption standards into the cards.

Napolitano has criticized homeland security efforts including REAL ID but nonetheless struck an agreement with DHS to enact the law within a reasonable timeframe. She therefore seems likely to veto the bill.

Still, critics of REAL ID applauded the legislature's move.

"The state of Arizona has joined a nationwide movement against Real ID, and if the governor heeds the will of her constituents, Arizona would become the 10th state to pass a law prohibiting compliance," said Barry Steinhardt, director of the Technology and Liberty Project at the American Civil Liberties Union.

The ACLU and many states argue that Congress passed the unfunded mandate onto the states without any true consideration of how much it would cost. The ACLU further contends that REAL ID violates the privacy of US citizens by holding their private information in a federal database, which would track REAL ID compliant-licenses.

The House Homeland Security Appropriations Subcommittee passed a fiscal 2009 homeland security funding bill that would provide $50 million to states to help finance REAL ID next year, but DHS estimates the program would cost a total of $4 billion over 10 years.

A total of 17 states passed resolutions or laws against REAL ID in 2007. Of those, 10 state legislatures have voted laws against it, including Maine, Montana, New Hampshire, Oklahoma, South Caroline, Washington, and now Arizona.

The Louisiana Senate Committee of Judiciary also voted to bar participation in the program last week. The measure passed the committee without debate as part of a larger bill.

Surprisingly, Montana, where Democratic Gov. Brian Schweitzer led a charge against REAL ID earlier this year, reported progress on meeting the requirements of REAL ID with a driver's license that includes an embedded image. Montana authorities estimated it could take up to eight years to fully implement the program, however.


Mickey McCarter
About the author:
eNewsletter Editor/Senior Washington Correspondent, is a journalist with more than a decade of experience in reporting on military affairs and information technology.
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