Bipartisan Opposition to REAL ID Rises as May 7th Deadline Approaches

A 20 year old law is finally about to be enforced, and people across the political spectrum are unhappy about it.

On May 2, U. S. Representative Shomari Figures (D-AL2) authored a letter to Secretary of Homeland Security Kristi Noem urging the Department of Homeland Security (DHS) to extend the deadline for enforcement of REAL ID requirements for six months, until November 7th, 2025. The letter cited concerns over long wait times at local DMVs, limited appointment times and staffing constraints that were making it difficult for many to obtain a REAL ID. The letter was co-signed by Rep. Terri Sewell (D-AL7) as well as Democratic Reps. Bennie G. Thompson, Ro Khanna, Rashida Tlaib, and Sydney Kamlager-Dove.

On May 1, Rep. Anna Paulina Luna (R-FL13) sent her own letter to Sec. Noem urging a delay in the May 7th deadline. She cited her concern that after May 7, those without a REAL ID would be unable to board even domestic flights.

“Real ID, though good in theory, brings serious privacy concerns,” said Representative Luna. “I am asking for a pause on implementation to ensure that all privacy concerns can be addressed. This was a lapse in responsibility of previous Congresses and should have been addressed when the Real ID Act was passed almost two decades ago.”

On April 7th, Sec. Noem posted a video about the deadline, stating “Starting May 7th, you will need a REAL ID to travel by air or to visit federal buildings in the United States.”

This prompted a reply by former Republican Governor of Alaska and Vice-Presidential candidate Sarah Palin, who said:

“Or what?? 

Evidently existing ID requirements for American citizens just aren’t adequate now, so big brother is forcing us through more hoops for the “right” to travel within our own country. Other administrations delayed this newfangled, burdensome Real ID requirement. Are you curious why its implementation is imperative now?? And who came up with this?”

Palin was far from the only conservative to take to social media to express their displeasure about Noem’s statement. In a series of posts on X, Rep. Thomas Massie of Kentucky said:

“Real ID is a 2005 George Bush era Patriot Act overreach that went completely unenforced until Trump got into office. Let me guess: he’s playing 4D chess and I should just go along with it?” (link)

“Real ID isn’t needed and won’t stop terrorists from hijacking planes.

Most of the 9/11 hijackers held Saudi, UAE, Egyptian, or Lebanese passports.

Real ID is a national standard and database of IDs that is primarily a tool for control of Americans.

Trump shouldn’t enforce it.” (link)

“Real ID isn’t a database.

It’s proof that your physical person matches an entry in the digital database.

Its power & purpose will be realized when everyone complies, but not before.

This is responsive to “I didn’t give them much information, I’ve had one for years, why worry?” (link)

Former Republican Congressman and Presidential candidate Ron Paul replied to Noem’s statement by saying, “What Is Kristi Noem Doing? REAL ID is Tyrannical ... Authored By The Same Author of The Patriot Act!”

Notably, Dr. Paul has been opposed to the REAL ID Act since its inception, saying on the House floor that, “ it will be an introduction to the notion that we will be carrying our papers.”

Ann Eubank, Chair of Alabama Legislative Watchdogs, recently wrote in an OpEd for ALPolitics.com that “In my opinion—and this author has quite a few on the subject of government overreach, both state and federal—this is a backdoor method for a nationwide registration of citizens with all of the corresponding data entered into a national database that will follow your every movement or worse. With AI on the horizon, what else could they do to us with all of this information?”

REAL ID does have its supporters in Alabama, most notably Governor Kay Ivey. In 2019, Ivey said:

“One year from today, on Oct. 1, 2020, all air travelers will need a STAR ID for commercial domestic flights and to visit certain federal facilities. Those who hold a valid, unexpired U.S. passport may opt to use it for domestic air travel,” Governor Ivey said. “If there is a chance you will need one, I encourage you to obtain this more secure version of Alabama’s driver license or non-driver ID card within the next few months to ensure you are prepared by the federal deadline.” 

STAR ID is Alabama’s version of the REAL ID program, developed approximately fifteen years ago to comply with federal legislation. Ivey was addressing the then-deadline for enforcement of the REAL ID Act, which was subsequently pushed back.

The REAL ID Act, HR418, was introduced by U.S. Rep. Jim Sensenbrenner (R-WI, author of the Patriot Act, in the wake of the 9/11 attacks. After minimal debate, it passed both Houses of Congress and was signed by President George W. Bush on May 11, 2005. The REAL ID Act creates a federally-mandated set of standards for all official state IDs. Among these requirements is that each State’s identity card database be shared through several federal databases.

From its inception, the REAL ID Act had been criticized because of concerns about federal overreach, privacy concerns, the vulnerability of a national database, loopholes for immigrants in the law as it will be enforced, and potential lack of efficacy for security purposes. It has been called “a threat to liberty” that would allow the federal government to “expand to include additional ‘official purposes’ with federal entities in the future.” Numerous States requested and received extensions and exemptions to comply with the ACT over the years, but the recently decision by the Trump administration to pursue its enforcement has again raised concerns about its constitutional validity. To date, however, the REAL ID Act has not been directly addressed by the Supreme Court. If the Trump administration continues to insist on enforcing this 20-year old law, that could very well change.

Until then, U.S. Citizens who attempt to pass through TSA checkpoints or enter secure federal buildings like courthouses without a REAL ID (STAR ID in Alabama) will be refused because their papers are not in order.

A full timeline of the REAL ID Act may be found HERE.