Background: Pushed through Congress in 2005 as a tagged-on program to a more crucial bill, Real ID sought to make driver’s licenses a more secure form of identification.
Problem was, no one likes the Real ID program. Not even Janet Napolitano, Secretary of Homeland Security. It is expensive, invasive, and stepped all over states rights issues.
However, if a state didn’t conform to the requirements spelled out in the bill, residents would not be allowed to fly on domestic flights operated by commercial airlines.
A compromise called Pass ID was created instead. However, in the midst of all the other chaos in government, Congress has shown little interest in pushing that bill through. In the meantime, the states, one by one, have made their licenses more and more secure in keeping with the spirit of the law.
Currently there are over 30 states that have not agreed to Real ID and are therefore out of compliance. On January 1st, unless an extension is granted by DHS (and it appears they WILL issue that extension), residents of those states have IDs that are not acceptable under the Real ID act and will not be able to use their driver’s licenses for identification for domestic flights.
Strangely, the airlines have said nothing at all about this issue. So, I contacted American Airlines and Southwest Airlines, two carriers with a significant presence in Albuquerque and Texas which also cover much of the United States.
Here’s what American Airlines spokesperson Tim Smith said: We are not doing anything about it at this time, at the airline level. Here's why: at this stage it is a "head-butting" contest between TSA, Homeland Security, and Congress, which passed the law.
Well, that effectively removes the airlines from the playing field.
He continues: "With more than half the states in America unable to comply with the [Real ID] law at this time, we believe that this issue will have to be worked out among those parties in some fashion. We suspect none of them is prepared to turn away tens of thousands of travelers on January 1."
Stranded travelers? This had the potential to be a world-class headache for the airlines, and I wondered why American Airlines wasn’t more concerned.
Then I spoke with Southwest Airlines spokesperson Brandy King and realized why. "If there is no extension, customers will still be allowed to travel,” said King.
How could this be? She explained. "If you lost your driver’s license and had to take a flight you would still be allowed to travel, but you are subject to extra screening."
It does make sense. Stolen wallets and misplaced important papers happen. And when it does, people call the airlines in a panic. Notes King, “We are asked this all the time if they are in the middle of trip and lost their ID or right before departure.”
So, for the airlines, this may not be anything really new, although the scale would surely be unprecedented.
Still, could it be this simple? Apparently, yes, according to King. “TSA has policies in place and guidelines as to how to screen customers with valid and not valid ID. Of course, the process is definitely more streamlined if travelers have a valid ID and the extra screening is not required.”
So, I went to the TSA website to see what they had to say about it. Effective June 21, 2008, adult passengers (18 and over) are required to show a U.S. federal or state-issued photo ID that contains the following: name, date of birth, gender, expiration date and a tamper-resistant feature in order to be allowed to go through the checkpoint and onto their flight.
Okay, we knew that. It’s the next part that’s quite interesting.
Passengers who do not or cannot present an acceptable ID will have to provide information to the Transportation Security Officer performing Travel Document Checking duties in order to verify their identity. Passengers who are cleared through this process may be subject to additional screening. Passengers whose identity cannot be verified by TSA may not be allowed to go through the checkpoint or onto an airplane.
So this is the sticky point, and likely the reason the airlines are taking a watch-and-wait position.
Of course, the TSA website isn’t talking about what that additional screening involves. And it would probably be good policy to bring whatever additional ID available.
But, who will travelers blame if they can’t get through security?
It won’t be the airlines. This isn't their policy.
It probably won't be the state. Most states, New Mexico included, even if they are not in technical compliance with all the facets of Real ID have incorporated high-tech security into their licenses.
If I was a betting person (and I am from time to time) I’d bet the backed-up-down-the-corridor traveler who is then turned away after presenting his or her state-issued, official complete with hologram ID will blame Homeland Security.
What do you think?
(c) Neala Schwartzberg
Comments
Thanks for keeping everyone up to date on this issue. It is important for many people.
I've gone through the gates using the "I have no ID, so screen me extra good" process and it was a little time consuming, and probably maddening for the people who were behind me, but it was nothing totally out of the ordinary. I got the extra wand treatment, and asked some extra questions. I wouldn't want to be the TSA having to deal with 10s of thousands on the issue, but it should be ok for most travelers.
thanks for the update on this important issue Neala.
State motor vehicle agencies are closer than many people think at meeting the 18 benchmarks for REAL ID regulations. Instead of passing diluted ID security legislation and drafting new regulations, Secretary Napolitano should extend the deadline, like former DHS Secretary Chertoff already did, to give states adequate time to finish meeting the commonsense issuance and security standards of the current law.
Lisa, thanks for letting us know about that. It's great to know that it actually does work!
C David - it is odd. The states have pretty much all brought themselves into compliance with the standards. There's really not much left. And yet the feds can't seem to take their hands off this project and I think Congress may go along. Although I haven't a clue why.
I'll carry my passport. I have seen additional screening: a pat down or into the little room for a thorough search.
If thousands of travelers do not have the proper ID after January 1st- security will be a nightmare. Hope they have a separate line for those with the correct IDs. One person needing extra screening is one thing- more will be a huge hold-up. I'm betting HS gives an extension, too many travelers involved. But the airlines should be a little more proactive and should be actively lobbying for an extension. That's concerned customer service!
And thanks for keeping up with this as the mainstream-media isn't.
Thanks for keeping us updated on this strangely fascinating situation. As if anyone needs any more angst associated with air travel!
Excellent coverage of this interesting ID phenomenon.
I will blame New Mexico. The only reason its not in compliance is because it give licenses to illegal immigrants. People who are not here illegally should not be given legal documentation. Its as simple as that.
i blame hls. new mexico has a majority chicano population. there is a war in mexico not covered in the mainstream media, with 45000 mexican troops internally deployed. new mexico allows political asylum for doctors, lawyers and families. new mexico is only being responsible by allowing drivers to be licensed and safe. in no way does a drivers license offer a means for citizenship. it is a mechanism that realistically takes into account the amount of illegal alien drivers and allows them to respectfully handle unintended consequences. these acts are xenophobic and contradict America's founding tradition of providing a beacon of opportunity for immigrants that come from corrupt countries with poor labor conditions. it is a farce that such an act has gotten so far undisturbed. states rights are guaranteed by the X amendment of the United States constitution. not even hls has the authority to change that.
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