Louisiana Latest State to Reject REAL ID

By | July 29, 2008

Louisiana is the latest state to reject a federal identification card program intended as an anti-terror measure that is under criticism because of high costs and possible privacy risks.

At least 10 states have passed laws rejecting the REAL ID Act, passed by Congress in 2005 and supported by President Bush as a nationwide identification system aimed at stopping terrorists, con artists and illegal immigrants. The measure would require states to enhance their identification system for driver licenses.

The Louisiana legislation, by Rep. Brett Geymann, blocks compliance with the federal law and orders the state Department of Public Safety “to report to the governor any attempt by agencies or agents of the U.S. Department of Homeland Security” who seek compliance. Geymann, R-Lake Charles, said he sponsored the measure after queries from individual constituents; but national opposition to REAL ID has come from activist groups with an array of political stances: social conservatives, the ACLU and libertarians.

The measure easily passed the Legislature. Gov. Bobby Jindal signed it into law earlier this month.

The bill is symbolic for the short term, since DHS has given states until at least the end of 2009 to comply, with further deadline extensions to May 2011. REAL ID could also go in a new direction once a new president takes over next year.

But REAL ID opponents said the Louisiana law will help block federal efforts to move forward with the plan.

“This is another signal to Washington, D.C., and to bureaucrats around the country that REAL ID is not going to materialize,” said Jim Harper, director of information policy studies at the libertarian-leaning Cato Institute.

DHS officials have warned that states must comply or their residents eventually will be prevented from using driver licenses to board airliners.

“If they do not follow the letter of the law … then their citizens will see real consequences,” DHS spokeswoman Laura Keehner said.

The REAL ID system would create a nationwide database of information supplied by the departments of motor vehicles in 50 states.

REAL ID-compliant driver licenses would have several security features to prevent forgery. They would be issued only after verification of birth certificates, Social Security numbers and immigration status. Officials have acknowledged it will take years to phase in all the security measures.

DHS chief Michael Chertoff has offered to phase in the law’s requirements over about 10 years. By 2014, according to the plan, anyone seeking to board an airplane or enter a federal building would have to present a REAL ID-compliant card, except for people older than 50. That exception would give states more time to get everyone new licenses, and officials say the threat from someone in that age group is much less. By 2017, even people over 50 must have a REAL ID-compliant card to board a plane.

Opponents say it will cost too much and weaken privacy protections. Harper said the database would allow rogue employees in motor vehicle offices around the country to access information from every state, a huge new pool of opportunity for fraud and identity theft.

“With hundreds of thousands of DMV bureaucrats across the country, you’re not going to be able to make it secure enough,” Harper said.

States have complained mainly that the program comes with huge costs — estimated at a combined $11 billion — that federal grants don’t cover. States would have to retrain or hire new workers for motor vehicle offices and by new equipment.

Topics Louisiana

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