DHS pushes back REAL ID deadline again to accomodate cash-strapped states.

• Author: Magnuson, Stew
• Position: Homeland Security News

* The Department of Homeland Security moved the goal posts back in December again when it granted a third extension for 37 states to comply with the REAL ID Act of 2005.

The act was passed after the 9/11 commission recommended that all state-issued identification cards be standardized in order to prevent fraud and a repeat of the attacks. Almost all of the al-Qaida terrorists used false identity documents to board the aircraft the day of the attacks.

The law, sponsored by then House Judiciary Committee Chairman Rep. James Sensenbrenner, R-Wis., was attached to a so-called "must-pass" bill to provide tsunami relief and fund the Iraq War. The Senate never had a chance to debate the law or hold hearings.

It came under immediate criticism from state leaders, who wondered how they would comply with all of its requirements, especially ones that called for original documents such as birth certificates to verify an identity.

Along with bureaucrats and state officials, a broad spectrum of concerned citizen's groups joined the debate. Unlikely bedfellows such as the right-wing American Center for Law and Justice and the American Civil Liberties Union, among others, held a joint press conference in 2008 to voice their opposition to the law. The libertarian Cato Institute also emerged as a critic. Most of the opposition from these groups stemmed from privacy issues, and the collection and storage of biometric data and documents.

It also requires proof of lawful status within the United States, which sparked opposition from immigrant rights groups.

Meanwhile, states complained that they couldn't meet the deadlines. One leading critic was Arizona Gov. Janet Napolitano prior to her appointment as DHS secretary.

REAL ID does not require states to comply. But non-compliance means that those without an approved identity card won't be able to board passenger aircraft.

Chairman of the Senate Homeland Security and Governmental Affairs subcommittee on oversight of government management, Sen. Daniel Akaka, D-Hawaii, conducted several hearings about REAL ID implementation that explored the financial burden it imposed on states and privacy risks. He applauded the new extension, noting that his state's residents are dependent on air travel, as well as its tourist industry.

Despite the widespread opposition, Congress has never passed a bill repealing REAL ID, or changing any of the unpopular requirements. Seventeen states, meanwhile, have enacted laws opposing...