Some things feel like facts of life. The sun rises in the morning and the set is in the evening. Winter changes to spring, it changes to summer, it changes to autumn. The deadline for obtaining the actual ID will then be pushed back.
That last one may seem more fluid than the others, but that has been true for almost a quarter century. So, what keeps this 9/11 era law from fully enacting? And why didn't we give up implementing it? I'll answer that in this week's episode Please explain it to me.
Our story begins in the aftermath of the terrorist attacks on September 11th. The 9/11 committee wrote a list of recommendations, including securing a cockpit for the plane, to ensure there is a way to see who people are when they are on the flight. In response to these recommendations, Congress passed the Actual Identity Act in 2005. The state was supposed to have three years to update the state ID requirements. This includes adding physical security features and storing copies of the document in a database that other states can access as well.
The deadline has been extended several times. It is currently 2025 and the deadline is still May 7th, but execution could be “staged.” my Please explain it to me My colleagues and I have spoken with quite a few people who all have different perspectives.
Below is an excerpt from the conversation edited for length and clarity.
You can hear it Please explain it to me Get your podcasts on Apple podcasts, Spotify, or anywhere. If you would like to submit a question, please email [email protected] or call 1-800-618-8545.
Was the actual ID a problem that should be resolved?
Former TSA assistant administrator Justin Overman: A brief argument is that it is too easy to get the actual ID (in lowercase) previously. If you want to go to the bar when you're under 21, one thing to do is create a fake driver's license in the garage. But it's another thing if you can actually get the official ID when there is some kind of creepy intention.
The theory is that you have to demonstrate with multiple proof points that you are actually the person you say you are.
Well, the reason for this is that, at some level, if you avoid grasping law enforcement, it really doesn't matter if you're actually the person you say. This is one of these things that wasn't difficult to drill holes in the real ID paradigm, so we see a delay of over two years. Despite the fact that the underlying intentions may have been okay, it remains open to these very strong rebuttals.
Udi Ofer, a former New York Civil Liberties Union lawyer who wrote a report on a pushback to actual IDs, including privacy concerns.: Most people don't know what [the REAL ID Act] Other than thinking that it's merely an inconvenience to be faced in the automotive sector. But when the law was passed, there was an incredible ideological diversity in the opposition.
Please tell me about that. Who were the people who opposed this?
Shenna Bellows, Issuer who turned Real ID critic: I met with an LGBT rights group who was worried about what this meant for the trans community. It then scatters between immigration rights groups. There was really this incredible alliance of diverse, it was very worrying.
What are your concerns about your real ID when you were executive director of ACLU in Maine?
Bellows: There were two major concerns about the actual ID Act. First, the concept of a national ID card or national driver's license is truly contrary to a free society. Second, from a practical standpoint, create a one-stop shop for identity burglars. There, certified documents from people across the country were housed, raising concerns about individual privacy and security.
You ran for the Senate in 2016 and won. What did you do about your real ID when you had that office?
Bellows: I worked with the state Republican senator to call on President Trump to abolish actual IDs, but that didn't happen.
Some of the concerns you initially had about the actual ID – have they been addressed?
Bellows: For example, you are not uploading authentication documents to a federal database. That's why it provides a measure of comfort for individuals who are concerned about identity theft or security violations. Furthermore, I don't think I've ever seen an actual ID be used as a national ID card in 20 years.
Now you are Maine's Secretary of State. And part of your job is being the head of the Automobile Bureau. This means that most of your job is to issue an actual ID. Do you have a real ID?
Bellows: I didn't have it. I opted out. And again, I collected signatures for repeal. And I was one of the leaders trying to eliminate Maine's real identity.
But when I became Secretary of State – especially since I heard concerns from women about the difficulty of getting it, and because I was worried about security procedures at the Maine Automobile Department, I moved forward by getting my actual ID. I wanted to see what was involved, how difficult it was, then see what happened to my data. It gave me confidence in the professionalism and leadership of my team at the Maine Automobile Department.
Our lives have always been about options, so it has not changed my advocacy at the federal level. The freedom to be ourselves, to be ourselves, to do what we want in a free society.
And certainly, I have a real ID, but that may not be for the person next to me. They may have concerns about effective privacy and civil liberties. And so, I still think it's right for the federal government to repeal the law.
Would you like to extend the deadline again?
TSA Press Secretary, Carter Langston: Because that's why you kick the can again. And instead of doing it indefinitely, we really have to start something.
