DHS revamps driver's license rules to cut costs to states

The Homeland Security Department today announced revamped guidelines for its program of how states issue driver's licenses that the government hopes will curb the criticism from states that previous approaches cost too much and by extending the deadline to issue the more secure licenses by six years to 2014.

The guidelines, spurred by the recommendations of the 9/11 commission and passed into law by Congress in 2005 in the REAL ID Act, establish national standards for state-issued driver's licenses and identification cards to make it harder for illegal immigrants and terrorists to obtain a valid license.

DHS' plan to implement REAL ID was heavily criticized by states and civil liberties groups as being too onerous on citizens and costly, with states claiming REAL ID could cost more than $14 billion. More than a dozen states passed laws or resolutions indicating that they would not comply with the law.

DHS has responded with new guidelines that back away from previous requirements viewed as more onerous, such as requiring a biometric identifier, such as a fingerprint, be attached to the driver's license. The only significant difference now is a requirement that states photograph every person who comes into a department of motor vehicles office to apply for a driver's license. The photograph will be stored in a database so other DMV offices in the state would know if an individual has been denied a license because of improper identification.

"There are burdens states expressed concerning business processes and cost," said DHS Secretary Michael Chertoff, noting the department has received 21,000 comments on the REAL ID law. "[DHS] has taken steps to … give states flexibility and extend the period of enrollment."

Chertoff said the revamped guidelines should reduce the costs to states to comply with the law by 75 percent -- from the original estimate of $14.6 billion to $3.9 billion. In addition, DHS will provide to states $80 million in grants and another $280 million in general funding to help offset costs more.

DHS reduced the costs to comply with REAL ID by offering a phased approach, Chertoff said. In the first phase, to be completed by Dec. 31, 2009, DHS requires states to verify whether applicants are legally eligible to obtain a driver's license by electronically verifying their Social Security numbers with the Social Security Administration. By that date, states also must check if applicants have more than one driver's license, and must conduct background checks for DMV employees and contractors to ensure that they follow proper processes when issuing licenses.

In the second phase, to be completed by May 11, 2011, DHS requires states to begin issuing the new driver's licenses. States have until Dec. 1, 2014, to issue licenses to citizens who are 50 years of age and younger. Individuals older than 50 have until Dec. 1, 2017, to obtain a DHS-compliant driver's license.

As part of the second phase, states also must verify applicants' identification documents by accessing existing databases to make sure the records are valid and be able to confirm the tamper-resistant features of the licenses. In addition, states must store in their DMV database the full name of applicants according to the identity documents that DHS accepts as valid.

Referring to terrorists, illegal immigrants and identity thieves, Chertoff said, "We're going to disappoint all three categories of people" with the guidelines.

But some argue that a 10-year plan for program implementation simply passes off responsibility to future administrations. "In its new REAL ID regulations, the Department of Homeland Security appears to have dumped the problems of the state on a future president," wrote Barry Steinhardt, director of the American Civil Liberties Union's Technology and Liberty Program, and Tim Sparapani, senior legislative counsel for ACLU's Washington legislative office. "REAL ID needs to be repealed; it is not only a threat to Americans' privacy, but it is utterly unworkable."

States are not required to adopt REAL ID, but licenses that are issued and are not in compliance with REAL ID requirements will not be accepted for boarding commercial flights or for accessing a federal facility. In addition, Chertoff said, states that opt out might face a rush of illegal immigrants entering their borders.

Chertoff dismissed claims that REAL ID infringes on people's privacy, saying no additional information will be collected, nor will any information be needlessly shared. "You could make the argument that you should have a right to get on an airplane and not identify who you are, but if so, you're against all identification," he said. "I don't think that makes sense, and I don't think the American [people] think that makes sense. … We have to get over [the idea] that every time DHS does something it's evil."