NATIONAL ID CARD Real ID and Federal Control: An Explainer from CCHF President Twila Brase (January 25, 2021)
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DHS Extends Real ID Deadline to May 7, 2025
Real ID and Federal Control: an Explainer from CCHF President Twila Brase
*To check the current status and options in your state, go to Current Status and click on your state.
DHS Extends Real ID Deadline to May 3, 2022
DHS Launches "Be Your REAL ID Self" campaign to try to convince Americans to get a federally-prescribed REAL ID card by the "October 1, 2021 REAL ID full enforcement deadline." (Consider using a passport or enhanced state drivers' license instead of a USA "Star" card)
CCHF Publishes MN REAL ID Voting Records for 2017 - SEE BELOW
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The following was published in 2017, with a few 2018 updates added:
CCHF is opposed to the federal government's push to federalize driver's licenses and IDs, ending state sovereignty over citizen identification, movement and access to and purchase of goods and services. These services include, or are expected to include, medical services.
DO YOU HAVE A REAL ID?
If there's a gold star on the card, it's a REAL ID. Other symbols are also possible. If you have "for federal purposes" or "for federal identification" on your card, your state has agreed to subject you to the federal law, which also assumes authority over the "not for federal purposes" drivers' license or ID card that does not have a gold star. BOTH types of Driver's licenses and ID cards are under federal control. There's no opting out of REAL ID once the state passes a law to submit to the REAL ID Act of 2005 and its regulations.
STATES' RIGHTS: Importantly, federal control over driver's licenses and ID cards is a violation of states' rights and individual rights' under the 10th Amendment. The federal government is forbidden under the U.S. Constitution from commandeering the states.
OFFICIAL PURPOSES: The federal REAL ID Act authorizes the Secretary of Homeland Security to unilaterally expand "official purposes" of the "for federal purposes" card. Today, it's flying and access to federal and nuclear facilities, but it could be expanded to everything from access to medical care, to purchase of guns to registration at a hotel.
YOU CAN STILL FLY: The U.S. Department of Homeland Security (DHS) acknowledges that individuals can fly without REAL ID. In addition, TSA has a blog post telling Americans they can fly without an ID by going through enhanced screening. A 2006 9th Court of Appeals case, Gilmore vs. Gonzales, found the same. TSA also has a list of 13 identification documents you can use (see link below).
STRONG RESISTANCE: In 2017, twelve years after REAL ID was enacted, only half of the country (25 states) had submitted to REAL ID, and some of them are not yet fully hooked up to the national database, which the GAO says won't be fully functioning until 2023. Many states passed laws to prohibit implementation of REAL ID. U.S. Senators in Montana have a bill to repeal REAL ID. However, by 2018, after threatening Americans with not being able to fly, all states have either submitted, or are in the process of submitting to the federal government (have an extension)
TOOTHLESS THREATS: There are no penalties or enforcement procedures to secure REAL ID compliance from states. The latest "deadline" is Jan. 22, 2018, with a stated prohibition on flying in October 2020. This is at least the sixth "deadline" because, as the U.S. Supreme Court has ruled several times, the federal government cannot force states to implement a federal program. It's unconstitutional. It's a violation of the 10th Amendment.
NATIONAL PATIENT ID: CCHF views REAL ID as a National ID card and a back door to a National Patient ID:
NATIONAL IDENTITY REGISTRY: The federal law and regulations require a central data "hub" with certain identifiable information from all American cardholders (licenses and IDs) accessible to all 50 states and U.S. territories (see page 5 (44th page of AAMVA pdf)). The hub database is "pinged" when one state searches for an individual's data from another state. Biometrics can be recorded and linked to your ID.
PRIVACY RISKS: The federal privacy assessment of REAL ID designates the personally-identifiable data held by the federal data verification "hub" as Sensitive Security Information (SSI) and suggests states prepare "breach notification" procedures.
KEY DOCUMENTS: CCHF has been sharing and using some of the following documents in testimony on MN REAL ID bills since January 2016:
REAL ID not require to fly:
Updated: May 2022
6 Things You Didn’t Know About REAL ID
ST. PAUL, Minn.—Americans are ignoring the dangers of REAL ID, but at their peril,
Americans Clueless about Danger of REAL ID
Americans ignore REAL ID at their peril. In 2005, Congress added REAL ID to a war appropriations bill in the middle of the night without public discussion. REAL ID is an unconstitutional power grab – a National ID card – that eliminates state’s rights and gives the federal government control over all citizen identification, movement, and access to goods and services – but only if state legislators agree to conform. REAL ID Is a Direct Attack on State Sovereignty
ST. PAUL, Minn.—Last week, 116 lawmakers in Pennsylvania penned a letter to President Donald Trump, asking him to protect their residents by reexamining REAL ID, a 2005 act that will affect Americans’ drivers licenses, is a harmful government intrusion and violates their privacy. JOIN US ON WEDNESDAY, FEB 8th TO OPPOSE REAL ID!
PLEASE COME: Tuesday, February 7, 2017 - 1:00 PM SF 166 (author: Sen. Pratt) REAL ID Wonderful News!
Great News! The MN legislative session is done (Yeah!) and the REAL ID bill failed (Yeah!). While we never wanted it to get this far, at least it isn't law. Only 8 States with Laws Prohibiting REAL ID Have Residents’ Best Interests at Heart
ST. PAUL, Minn.—Eight states have gotten the message that REAL ID is a harmful government intrusion on their states’ residents—and have taken action to enact laws prohibiting REAL ID to protect their people. Action Alert - "Let REAL ID Bill Die"
LET IT DIE: The best thing that could happen is the bill is left to die. S.F. 3589 should never make it out of conference committee. Call or email Speaker Kurt Daudt and ask him to "Let the REAL ID bill die. Don't give us a federal REAL ID." PUBLISHED - REAL ID Letter by CCHF
Star Tribune publishes CCHF letter on REAL ID "State Rep. Dennis Smith couldn’t be more wrong (“The key thing is to get a Real ID solution in Minnesota,” May 17). The legislative battle over Real ID has nothing to do with ensuring the ability of Minnesotans to fly. ..." Real ID
Letter to the Editor printed in the Minneapolis StarTribune on 5-19-16 written by Twila Brase, CCHF President, regarding Minnesota REAL ID legislation Donate Today!
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