Dear Neighbor,
Recent news stories have focused on the issue of Minnesota’s non-compliance with a federal law called REAL ID. Those stories include expressions of concern by some that they may not be able to board a commercial aircraft in 2016. I’d like to answer some frequently asked questions about this topic.
What is REAL ID?
REAL ID is a set of standards and procedures passed by Congress and enacted into law in 2005 that were intended to improve security of driver’s licenses and personal identification cards. The final rules for state compliance with REAL ID were promulgated by the Department of Homeland Security (DHS) in 2008. A critical component of REAL ID compliance is the storage and retention of source documents (information you provide to get your license). The federal REAL ID Act mandates the retention rate of seven years for paper copies and ten years of source documents. REAL ID requires that states verify an applicant’s date of birth, Social Security number, and principal place of residence. Additionally, it verifies whether the applicant is lawfully present in the United States.
To meet these requirements, states may be required to verify the data contained in the presented identification source documents against several different federal databases. However, officials from DHS have stated that the data is not being stored in a centralized data base as part of REAL ID nor is DHS “given the keys” to it. Rather, states remain in control of their data.
Why is Minnesota not in compliance?
Throughout the debate on the national and state level, questions were raised over privacy issues, civil liberties, data security, and how states would handle this unfunded mandate – since they would bear the financial burden of meeting the new standards.
Four years later, the legislature acted on these concerns. During the 2009 Legislative Session, the Minnesota House voted 133-0 and the Minnesota Senate voted 64-1 to prohibit the commissioner of the Minnesota Department of Public Safety from taking any action to implement or to plan for the implementation of REAL ID. Governor Pawlenty signed this bill into law.
Why is this an issue now?
According to officials from DHS, if Minnesota is still not in compliance, a standard Minnesota driver’s license will not be an acceptable form of primary identification when the final phase of REAL ID is enacted. DHS will notify non-compliant states of their enforcement date by the end of 2015 and will ensure the public has ample advanced notice before identification requirements for boarding aircraft are implemented – which will not be immediately in January of 2016.
What will happen in 2016?
DHS has determined that Minnesota “meets or plans to meet” 32 of the 43 REAL ID requirements. Extensions are available for meeting the REAL ID standards. However, states must be showing progress or a path toward completing the requirements. Minnesota is currently prohibited from receiving an extension because of the state law barring implementation of the missing requirements.
The 2016 Legislative Session is not scheduled to begin on March 8, 2016. During a meeting with legislators on September 29, officials from DHS indicated that they understood that no legislative action could possibly occur until then – unless the governor were to call a special session. At this point, it does not appear a special session is likely.
Officials from DHS indicated that they would be willing to return to Minnesota to hold briefings – open to the public – as an option to work through the privacy and costs concerns should the legislature decide to move forward with complying with REAL ID.
What are the alternatives?
Minnesota currently has a state source of identification that is accepted under REAL ID standards – the Enhanced Driver’s License. This is an optional enhancement to a standard Minnesota driver’s license which facilitates easier border crossings to Canada, Mexico, and some Central American countries. The only visual difference is the word “Enhanced” on the front of the license and the presence of an American flag on the front right-hand side. The Enhanced Driver’s License contains a Radio Frequency Identification (RFID) chip. The information stored on the RFID chip is used to access passport control information to verify that the license holder is permitted to enter eligible countries via land or sea travel. To be clear, the RFID chip is not a requirement of compliance with REAL ID.
In Minnesota, an Enhanced Driver’s License costs an extra $15 over a standard license and requires greater identity verification measures to receive: a birth certificate (or State Department form verifying legal status in the United States), Social Security card (or tax return), proof of photographic identity, and two documents proving Minnesota residency.
It’s important to note that should the legislature make the determination that the usage of Enhanced Driver’s Licenses will serve as conformity to REAL ID, standard Minnesota drivers’ licenses would be non-compliant. Instead, standard licenses would need a clear marking indicating they are not authorized for federal identification purposes.
A passport also serves as a compliant form of identification for commercial travel purposes.
Is Minnesota the only state not in compliance?
Today, Minnesota is one of five states or territories that is not compliant with REAL ID and is not on a path towards achieving compliance. 28 states or territories have received extensions toward full compliance. 23 states or territories have full compliance. At a minimum, Minnesota should continue discussions with DHS to come to an extension agreement while ensuring privacy and civil liberties concerns are addressed.
Should I still make travel plans for next year?
During the meeting with state legislators on September 29, officials from DHS indicated that those with scheduled travel plans in early 2016 should not change their plans based on the fact they only have a standard-issued state driver’s license.
How is the legislature going to proceed?
The bipartisan Legislative Commission on Data Practices intends to investigate the cost and privacy concerns regarding REAL ID in the coming weeks and months. As we move forward, the legislature must take the time to thoroughly examine the privacy risks and costs associated with complying with REAL ID.
If you have further questions on this topic, please feel free to contact me at Rep.Joyce.Peppin@house.mn or 651-296-7806.
Sincerely,
Joyce