REAL ID

The REAL ID Act establishes minimum security standards for license issuance and production and prohibits Federal agencies from accepting for certain purposes driver’s licenses and identification cards from states not meeting the Act’s minimum standards. The purposes covered by the Act are: accessing Federal facilities, entering nuclear power plants, and, boarding federally regulated commercial aircraft.

The REAL ID Act was passed by Congress in 2005. It enacted the 9/11 Commission’s recommendation that the Federal Government “set standards for the issuance of sources of identification, such as driver's licenses.” The Act established minimum security standards for state-issued driver’s licenses and identification cards and prohibits Federal agencies from accepting for official purposes licenses and identification cards from states that do not meet these standards. States have made considerable progress in meeting this key recommendation of the 9/11 Commission and every state has a more secure driver’s license today than before the passage of the Act.

REAL ID does NOT apply to the following:

• Entering Federal facilities that do not require a person to present identification
• Voting or registering to vote
• Applying for or receiving Federal benefits
• Being licensed by a state to drive
• Accessing Health or life preserving services (including hospitals and health clinics), law enforcement, or constitutionally protected activities (including a defendant’s access to court proceedings)
• Participating in law enforcement proceedings or investigations

Phased implementation for air travel

• Starting January 22, 2018, passengers with a driver’s license issued by a state that is still not compliant with the REAL ID Act (and has not been granted an extension) will need to show an alternative form of acceptable identification for domestic air travel to board their flight. To check whether your state is compliant or has an extension, click here. Passengers with driver’s licenses issued by a state that is compliant with REAL ID (or a state that has been issued an extension) will still be able to use their driver’s licenses or identification cards.

  Starting January 22, 2018, travelers who do not have a license from a compliant state or a state that has been granted an extension (a complete list of non-compliant states/ territories can be found here) will be asked to provide alternate acceptable identification. If the traveler cannot provide an acceptable form of identification, they will not be permitted through the security checkpoint.
   

• Starting October 1, 2020, every air traveler will need a REAL ID-compliant license, or another acceptable form of identification, for domestic air travel.

REAL ID and illegal aliens

REAL ID allows compliant states to issue driver’s licenses and identification cards where the identity of the applicant cannot be assured or for whom lawful presence is not determined - e.g., illegal aliens. In fact, some states currently issue such noncompliant cards to illegal aliens. These cards must clearly state on their face (and in the machine readable zone) that it is not acceptable for official purposes and must use a unique design or color to differentiate them from compliant cards.  DHS cautions against assuming that possession of a noncompliant card indicates the holder is an illegal alien, given that several states issue noncompliant licenses for reasons unrelated to lawful presence.

REAL ID and DACA

The REAL ID Act allows states to issue temporary (i.e., limited-term), REAL ID-compliant driver’s licenses and ID cards to applicants who provide valid, documentary evidence that they have “approved deferred action status.” [Sec. 202(c)(2)(B)(viii)] Under the REAL ID regulation, applicants with approved deferred action who hold valid Employment Authorization Documents (EADs) and Social Security Numbers (SSNs) may qualify to receive temporary REAL ID driver’s licenses and ID cards.

The Deferred Action for Childhood Arrival (DACA) Program standardized and expedited the process for obtaining these supporting identification documents for individuals with Deferred Action seeking REAL IDs. Individuals with approved Deferred Action, valid EADs and valid SSNs may continue to hold temporary (limited-term) REAL IDs until their expiratio. In any case, REAL ID compliant states may continue to issue noncompliant licenses and IDs to individuals with or without lawful status, including deferred action, as defined under the REAL ID Act.

More information

REAL ID Frequently Asked Questions for the Public, Department of Homeland Security.

REAL ID, Department of Homeland Security. Includes a map of state compliance with the REAL ID act.

REAL ID Documentation, Department of Homeland Security.