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REAL ID Enforcement Update
On Jan. 21, the Department of Homeland Security took part in a briefing for state legislators and state legislative staff. Additionally, DHS released a set of PowerPoint slides that accompanied the briefing, which can be accessed here.
Listen to a recording of the briefing.
On Jan. 8, the U.S. Department of Homeland Security (DHS) released an updated timeline for the implementation of the final phase of REAL ID, which pertains to enforcement by the Transportation Security Administration (TSA) at airports regarding domestic air travel.
Beginning Jan. 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 in order to board their flight. 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 be able to use their driver’s licenses or identification cards. Starting on Oct. 1, 2020, every air traveler will need a REAL ID-compliant license, or another acceptable form of identification, for domestic air travel.
Currently, DHS has determined that 22 states and the District of Columbia are fully compliant with the REAL ID Act leaving most of the remaining states and territories operating under an extension through Oct. 10, 2016. Several states are noncompliant. DHS is continuing to provide extensions, as warranted, which are granted for a maximum of one year and may be renewed if a state demonstrates continued progress towards compliance. To check whether your state is compliant or has an extension, click here.
It is important to note that individuals do not need to adjust any immediate travel plans as the earliest that a resident from a non-compliant state would be impacted is Jan. 22, 2018. Furthermore, passengers can continue to use any of the various other forms of identification accepted by TSA (such as a Passport or Passport Card, Global Entry card, U.S. military ID, airline or airport-issued ID, federally recognized tribal-issued photo ID). See TSA’s website for a list of all other acceptable forms of identification. DHS will be conducting outreach to educate the traveling public about the timeline, and continuing engagement with states regarding REAL ID standards.
DHS Presentation on the implementation update - given to NCSL exclusively during a conference call held on Jan. 21.
Oct. 14, 2015 | The Department of Homeland Security (DHS) released an update regarding the ongoing enforcement of REAL ID. On October 10, the federal government began requiring that those visitors seeking to access military bases and almost all federal facilities with their state-issued driver's licenses or identification cards must have such documents issued by REAL ID compliant states or a state that has received an extension. This update does not affect identification shown at airports in the United States and until announced otherwise the Transportation Security Administration will continue to accept valid driver's licenses and identification cards issued by all states.
DHS does plan to release a schedule for changes to air travel requirements by the end of the year, although any such changes will be annoucned at least 120 days in advance of implementation. Additionally, DHS annouced it is currently in the process of determining which noncompliant states will receive further extensions to comply with REAL ID. States that are granted an extension until October 1, 2016 will be notified as they are approved. There will also be a three-month grace period before the expiration of current extensions becomes effective. During this period, federal agencies may continue to accept driver's licenses and indeificiation cards issued by states who extension has expired.
DHS also recently annoucned that it had granted an extension to New Hampshire and expected to issue one to New York and Louisiana shortly. For a full update on compliant and non-compliant states please visit DHS.gov
Dec. 29, 2014 | DHS announced that residents who currently use a non-compliant license or identification card issued from a state who is deemed in compliance with REAL ID will now have until October 1, 2020 before their current license or card has to be upgraded to a REAL ID compliant license or card in order to access federal facilities. The previous deadline was Dec. 1, 2014 for those born after 1964 and Dec. 1, 2017 for those born before. DHS also made clear that nothing in this update impacts license or card holders from non-compliant states. A list of compliant and non-compliant states can be found here.
Oct. 29, 2013 | DHS announced that phased in enforcement of the REAL ID Act will begin on Jan. 20, 2014. This announcement follows a nearly year-long period of deferred enforcement. The REAL ID Act aims to create national standards for state issued driver’s licenses and identification cards so they may be used to board commercial aircraft and access certain federal facilities.
DHS plans to implement REAL ID enforcement over four phases, with each phase consisting of two distinct deadlines. The first deadline will begin a three-month “warning” period where noncompliant IDs will still be accepted. Following this three-month period, full enforcement of the phase will begin, and IDs from noncompliant states will no longer be accepted for federal purposes as defined in the act.
Enforcement Schedule
- Phase 1: Restricted areas for DHS Headquarters - Nebraska Ave. Complex
- Jan. 20, 2014 – Begin notification period (three-month period)
- April 21, 2014 – Full enforcement
- Phase 2: Restricted areas for all federal facilities and nuclear power plants
- April 21, 2014 - Begin notification period (three-month period)
- July 21, 2014 - Full enforcement
- Phase 3: Semi-restricted areas for the remaining federal facilities
- Oct. 20, 2014 - Begin notification period (three-month period)
- Jan. 19, 2015 - Full enforcement
- DHS will evaluate the first three phases to determine how to implement phase 4. Phase 4, which pertains to entry of commercial aircraft, will go into effect no sooner than Jan. 1, 2016.
DHS defines “restricted areas” as those that are normally accessible only to agency personal, contractors and their guests. “Semi-restricted” areas are defined as those areas that public can enter but are subject to identification control.
State Progress (updated 10/29/2014)
The latestest information on state implementation status can be found here.
State Responses
NCSL Policy Directive
Background Information | The Act, Regulations, Implementation Guidance
Additional Resources
REAL ID Announcements
NCSL Resources