§ 1.3 The Real Id Act of 2005

• Library: Rights of Foreign Nationals (OSBar) (2020 Ed.)

§ 1.3 THE REAL ID ACT OF 2005

On May 11, 2005, Congress enacted the REAL ID Act of 2005. This sweeping legislation was actually passed as a rider to the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Pub L 109-13, 119 Stat 231). This was a military spending bill and was passed overwhelmingly in both the House and the Senate. See < www.congress.gov/bill/109th-congress/house-bill/1268/all-actions?overview=closed&q={%22roll-call-vote%22:%22all%22}&KWICView=false >. Although the REAL ID Act made dramatic changes to several areas of law, including drastic changes in asylum law and authorization for the Secretary of Homeland Security to waive environmental regulations that interfere with certain border security initiatives, the REAL ID Act was passed without any congressional debate. Though many of the aspects of this controversial law are intriguing, § 1.3-1 to § 1.3-5 will deal specifically with the driver license requirements mandated in the act and how the REAL ID Act relates to Oregon laws and drivers.

§ 1.3-1 The REAL ID Act's Reason for Targeting Driver Licenses

The purpose of the REAL ID Act of 2005's identification provisions (found in Title II of the act), was to create national standards for driver licenses and identification cards issued by the states. These new requirements were intended to implement a more secure system of identification issuance by standardizing the requirements throughout the country and imposing heightened requirements for issuance. Under the REAL ID Act, any driver license or identification that does not meet the heightened requirements found in the statute will not be valid for certain federal purposes, such as boarding a commercial airliner or entering a federal building. See Pub L 109-13, 119 Stat 311-316

Although the Act included several timelines for implementation of the new requirements, those dates were pushed back on several occasions. The final regulations the Department of Homeland Security (DHS) promulgated required states to comply with the heightened requirements by May 11, 2008, unless an extension was granted. See Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes, 73 Fed Reg 5272 (Jan 29, 2008). Initially, all states were granted extensions, either by request or by an unsolicited grant by the DHS. During the 2017 legislative session, the Oregon Legislature passed Senate Bill (SB) 374, allowing the DMV to issue REAL ID-compliant driver licenses and identification cards beginning on July 1, 2020. Or Laws 2017, ch 568. In Oregon, REAL ID cards will be optional. Or Driver & Motor Vehicle Servs, Oregon Real ID FAQs, < www.oregon.gov/ODOT/DMV/Pages/Real_ID.aspx >. However, beginning October 1, 2021, all air travelers 18 years of age and older...