By Rep. Jeff Howe
Legislation that would bring Minnesota into compliance with heightened federal ID standards for a number of purposes is moving through the House.
It has been a very long process to reach this point on the Real ID issue and, along the way, I have received significant correspondence from local citizens. I would like to provide a refresher on the subject and an update of where we now stand.
The federal Real ID program came in the wake of the 9-11 terrorist attacks as Congress raised ID standards in 2005, phased in over a number of years, with the goal of protecting our nation. The federal standards apply to acts such as entering federal facilities and boarding commercial, domestic flights.
The latter has caught the attention of travelers since Minnesota’s current standard ID does not comply with Real ID guidelines. In fact, Minnesota passed a law several years ago not only refusing compliance mainly due to privacy concerns, but also implementing a gag order on discussing the subject of our state participating in Real ID.
That gag order was lifted by the Legislature last biennium and now we have been working to determine the best way our state can meet new federal ID guidelines so citizens to board planes while protecting private data at the same time.
Homeland Security’s has a deadline of January 22, 2018 for compliance and there are no guarantees our state would receive an extension to meet the new guidelines. Frankly, we are unlikely to receive one unless real progress is shown beyond simply lifting the gag order.
The House currently is advancing a two-tier plan that would allow Minnesotans to decide whether to opt into or abstain from Real ID. We passed virtually the same bill last year, but the Senate failed to act on it.
I want to emphasize the fact that our plan does not force anyone to participate in Real ID. Should you choose to abstain, you could continue using the same standard state ID we have today. The thing is, those who decide to take that path should know their state ID will not suffice at the boarding gate.
Those abstaining from Real ID could board planes using a passport or the enhanced ID already available in Minnesota, but both of those include RFID chips which bring security concerns. On the other hand, the Real ID-compliant model we propose would not have an RFID chip in the card. The information contained on the magnetic strip will be limited to the information that is printed on the card.
Another concern people have raised pertains to whether Real ID could be used as a gun registry. That is not the case and gun-rights organizations are satisfied with the language we have drafted. I say this as a proud Second Amendment advocate to the nth degree.
The subject of citizenship also has been brought to me on this issue. Language in the bill stipulates proof of citizenship must be provided when applying for a license. Many people seem to be unaware this requirement already is in place as a Department of Public Safety rule. The change would simply be to codify that rule into law so legislators – who remain accountable to the public – are responsible for changes instead of unelected agency bureaucrats.
There are ways Congress could tighten up Real ID language at the federal level to help satisfy valid points of consternation. I will continue working with those officials in that regard and citizens are encouraged to reach out to them as well.
The bottom line is we are doing the best with the hand the federal government dealt us. Minnesotans deserve the peace of mind knowing they can fly to see a relative in another state, attend a military installation or take a family vacation with a Minnesota-issued identification card. Those who remain concerned about Real ID deserve the opportunity to abstain from participation.
The House proposal that is advancing accomplishes both.
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