States want more time for REAL ID

Idaho and Washington are applying for new extensions to the REAL ID Act enforcement deadline, although both states continue to oppose the federal mandate.

Each state received an extension earlier this year. However, they expire Oct. 10, when the next phase of the enforcement schedule kicks in.

If the requests for new extensions are denied, standard state-issued ID cards and driver's licenses will no longer be accepted forms of identification for entry to any secure federal facilities, including military bases, the Idaho National Laboratory and the Hanford nuclear site.

Idaho Rep. Joe Palmer, chairman of the House Transportation Committee, said there really isn't a plan in place for what to do if that happens.

"Until we get to that point, we won't know," he said.

The REAL ID Act was initially approved in 2005, based on recommendations from the commission that reviewed the Sept. 11, 2001, terrorists attacks. It's intended to tighten state requirements for issuing photo identification cards, making it harder for terrorists and illegal immigrants to obtain false IDs. The new security measures included verifying Social Security numbers and birth certificates, requiring proof of legal status and making sure applicants don't have multiple cards under different names.

Idaho and Washington were among 17 states that passed resolutions opposing the mandate, citing concerns about federal overreach and the cost of compliance. Both states also prohibited their transportation departments from implementing the act.

That wasn't really a problem until January, when INL and a handful of other federal facilities began denying access to vendors, tour groups and job applicants unless they had other forms of identification, such as passports.

Prior to that, REAL ID requirements were only enforced at nuclear power plants and at the Department of Homeland Security headquarters building. The enforcement schedule expanded to include additional facilities in January, and it will expand again in October, when all secure federal facilities will be affected.

Possibly as early as next year, IDs from noncompliant states won't be valid for commercial airline flights.

"I've heard some people say they'll travel by train and by car before they go to REAL ID," Palmer said.

Last session, Washington lawmakers discussed the possibility of creating a two-tiered license system, with a standard license marked "not valid for federal requirements" and an enhanced license - which is already available on a voluntary basis - that meets the REAL ID requirements. However, that legislation did not move forward.

Lawmakers also declined to consider a recommendation from the Washington Department of Licensing to repeal the prohibition on compliance. Spokesman Brad Benfield said the agency will resubmit that proposal next year. That's one of the main justifications being cited in its application for a new extension.

"We've also been adopting all kinds of best practices that address card security and procedures, and we're moving to a new card vendor," Benfield said. "A lot of things will be coming to completion in the next few years."

There remain some major areas of disagreement, however. For example, REAL ID seeks to prevent illegal immigrants from obtaining driver's licenses, yet Washington law prohibits the agency from even asking if someone is in the country legally.

Like Washington, Idaho has taken numerous steps to improve the security of its licensing system in recent years. Based on communications from the Department of Homeland Security, it meets most of the requirements of REAL ID. The main stumbling block seems to be its refusal to repeal the law that prohibits compliance.

Lawmakers approved legislation last session that eased the restriction just enough for the Idaho Transportation Department to request an extension; however, they declined to take any additional action.

Idaho and Washington won't be alone in requesting new extensions. Although four states currently don't comply with the REAL ID Act, another 24 operate under extensions - meaning they don't meet all the requirements, but have shown enough progress that the Department of Homeland Security agreed to give them a pass.

Despite Idaho's continued opposition to the act, Palmer said he's confident the federal agency will grant a new extension.

"I haven't heard anything to the contrary," he said. "I think we'll get it. We'll keep our fingers crossed."

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Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.