Some things feel like a fact of life: The sun rises in the morning and sets in the evening. Winter turns to spring, which turns to summer, which turns to fall. And the deadline to get a REAL ID gets pushed back.
That last one may seem more in flux than the other examples, but it’s been true for nearly a quarter of a century. So what’s keeping this 9/11-era law from being fully enforced? And why haven’t we just given up on implementing it? We answer that and more on this week’s episode of Explain It to Me.
Our story begins during the aftermath of the September 11 terrorist attacks. The 9/11 Commission wrote a list of recommendations, including securing planes’ cockpits — and making sure there’s a way to check who people are when they board a flight. In response to those recommendations, Congress passed the REAL ID Act in 2005. States were supposed to have three years to update state ID requirements. This included adding physical security features and storing copies of documents in a database that other states can access as well.
The deadline was extended over and over. Now it’s 2025, and while the deadline is still May 7, the enforcement might be “phased.” My Explain It to Me colleagues and I spoke with quite a few people who all had different perspectives.
Below are excerpts of our conversation, edited for length and clarity.
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What problems were REAL IDs supposed to solve?
Justin Oberman, the former TSA assistant administrator: The argument, concisely stated, would be that it was too easy to get a (lowercase) real ID before. It’s one thing to make a fake driver’s license in your garage if you want to go to a bar when you’re under 21. But it’s another thing if you can actually get an official ID when you have some kind of nefarious intent.
The theory is that you have to demonstrate with multiple proof points that you are in fact who you say you are.
Now, the reason that this has limitations is that, at some level, it doesn’t really matter if you are in fact who you say you are, if you have evaded the grasp of law enforcement. This is one of these things where it has not been difficult to poke holes in the REAL ID paradigm, which is why you now see a two-decade-plus delay. It’s left itself open to these counterarguments that are pretty strong, despite the fact that the underlying intent may have been okay.
Udi Ofer, a former New York Civil Liberties Union attorney who wrote a report about the pushback to REAL ID, including privacy concerns: Most people have no idea what [the REAL ID Act] is about other than thinking of it as a mere inconvenience that they’re about to face in the Department of Motor Vehicles. But when the law passed, there was an incredible ideological diversity in the voices of opposition.
Tell me about that. Who were the people who were against this?
Shenna Bellows, REAL ID critic-turned-issuer: I would meet with LGBT rights groups who were worried about what this meant for the trans community. Then interspersing between immigrant rights groups. There was really this incredible coalition that was diverse, that was very much worried.
What were your concerns about REAL ID back when you were executive director of the ACLU in Maine?
Bellows: We had two chief concerns about the Real ID Act. First, that the concept of a national ID card or a national driver’s license is really contrary to a free society. Second, from a practical perspective, creating a one-stop shop for identity thieves where authenticating documents will be housed from people all across the country raised concerns about individual privacy and security.
You ran for state senate in 2016 and won. What did you do regarding REAL ID when you held that office?
Bellows: I teamed up with Republican senators in my state to call on President Trump to repeal the real ID, and that didn’t happen.
Some of the concerns you initially had about REAL ID — have those been addressed?
Bellows: We are not uploading authentication documents into a federal database, for example. So that does provide a measure of comfort to individuals who are worried about identity theft and security breaches. I think, additionally, we haven’t seen Real ID be used as a national ID card to date 20 years later.
Now you’re Maine’s secretary of state. And part of your job is being head of the Bureau of Motor Vehicles, meaning a major part of your job is issuing REAL IDs. Do you have your real ID?
Bellows: I didn’t have it. I opted out. And again, I collected signatures for the repeal. And I was one of the leaders in trying to repeal Maine’s REAL ID.
But when I became secretary of state — especially because I’d heard concerns from women about the difficulty in getting it, and because I was concerned about the security procedures in place at Maine’s Bureau of Motor Vehicles, I did move forward with getting the REAL ID. I wanted to see what was involved, see how hard it was, and then see what happened to my data. It gave me confidence in the professionalism and leadership of my team at the Maine Bureau of Motor Vehicles.
It hasn’t changed my advocacy at the federal level because, again, in America, our lives have always been about options. The freedom to be who we are, to be ourselves, and to do what we want in a free society.
And so, sure, I have a REAL ID, but it may not be for the person next to me. They may have valid privacy and civil liberties concerns that make them choose to opt out. And for that reason, I still think it would be the right thing for the federal government to repeal the law.
Why not extend the deadline again?
Carter Langston, TSA press secretary: Because that once again kicks the can down the road. And rather than do that indefinitely, we really do need to start doing something.
