NATIONAL ID CARD

Real ID and Federal Control

LATEST:
 
 
 
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: 
 
  • HIPAA - The 1996 HIPAA law mandated a Unique Patient Identifier (UPI), but Congressman Ron Paul (R-TX) froze funding for its creation in 1999. If implemented, health care access could become an "official purpose" for which the "for federal purposes" REAL ID cards would be required: No card, No care.
     
  • ID DEMANDS - Due to the 2007 FTC “Red Flags Rule,” most clinics and hospitals require patients to show ID if they don’t pay cash (http://bit.ly/redflagsrule). Even though a law clarified that physicians aren’t required to ID patients, many still require it (no card, no care). 
 
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:
 
 
 
 

 

State to State Data Sharing - The Law

REAL ID Law:  Electronic Access to State Motor Vehicle Databases

 

Dual Track - Why Vote NO

Dual Track - Why Vote NO

NO SUCH THING AS A "NON-COMPLIANT" DRIVER'S LICENSE UNDER REAL ID

HF 3959 (Smith)/SF 3589 (Dibble) 

 

REAL ID – An Unconstitutional Encroachment of States’ Rights

REAL ID – An Unconstitutional Encroachment of States’ Rights

Citizens’ Council for Health Freedom Says the Push for a National ID Not Only Strips States of Their Constitutional Rights, But Also Poses Major Privacy Issues for Americans

MN GOP Leadership Twisting Arms on Unconstitutional "REAL ID"

MN GOP Leadership Twisting Arms on Unconstitutional 'REAL ID'

The MN GOP leadership is twisting arms to pass an unconstitutional bill. We were disappointed yesterday to see most House Transportation Policy and Finance Committee Republicans vote to pass REAL ID 14-9.

MN REAL ID BILL -- Requires Registration for Federal Driver's License

MN REAL ID BILL  --  Requires  Registration for Federal Driver's License

The Minnesota legislature, including House GOP leadership, plan to give you a Federal Driver's License -- under federal control.

The House has a hearing tomorrow at 1:00 p.m. The Senate hears the bill Friday. Please raise your voice now...or we will lose our freedom.

If these bills become law, say good-bye to state licenses, state's rights and individual autonomy.

H.F. 3959 (Smith) – REAL ID – CCHF Testimony – House Civil Law Committee

H.F. 3959 (Smith) – REAL ID – CCHF Testimony – House Civil Law Committee
To protect individual freedom and states’ rights, please vote no. Thank you.

REAL ID Act

H.R.1268

Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005
(Enrolled as Agreed to or Passed by Both House and Senate)

TITLE II--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL IDENTIFICATION CARDS

REAL ID ALERT - SEVEN FACTS

REAL ID ALERT - SEVEN FACTS

WHY IS THIS ROOM EMPTY?

Because Minnesotans don't realize that State legislators are preparing to give Federal officials sole control over identification, driving, purchasing, transportation and movement. This control is called REAL ID. 

Oppose REAL ID: A Back Door to the National Patient Identifier

Oppose REAL ID: A Back Door to the National Patient Identifier

ST. PAUL, Minn.—Democratic presidential hopeful Hillary Clinton has pushed for a “no card, no care” National Patient ID. Although the concept didn’t take off as she had hoped, state adoption of a federal REAL ID card could make her plan a reality. Twila Brase, president and co-founder of Citizens’ Council for Health Freedom (CCHF, www.cchfreedom.org), says REAL ID could become a back-door approach to a National Patient ID.