Photo ID, Passports, REAL ID -- What You Need To Know

"Will we need passports to fly to Walt Disney World?" Recent news stories, blogs, and message board postings have raised this surprising possibility. We've sifted through mounds of information so we can clarify the current state of travel ID for both domestic U.S. travel and international travel to and from the U.S.

Now, the Details

Do I have to worry about REAL ID?

All states and U.S. jurisdictions have now requested and received extensions to comply with the REAL ID Act until December 31, 2009 For now, then, you have no worries. Eventually, all drivers in states that comply will have to prove their identity and legal status to motor vehicle agency officials, and that will probably be a chore. This is still some years down the road, though.

When will this really start to kick in? States now have until December 31, 2009 to come into compliance. A second extension can be obtained that will be good until May 10, 2011. However, not everyone will need to have a REAL ID by those deadlines. States will have until December 1, 2014 to issue REAL ID to all those born on or after December 1, 1964, and until December 1, 1017 to issue REAL ID to all those born before December 1, 1964. Expect that all brand-new licenses should be REAL ID-compliant by May 10, 2009/2011, and then renewal licenses will phase-in gradually through 2017. Sometime between now and then, your state should notify you of its requirements, which will include presenting the necessary proofs of identity.

What will I need to obtain a REAL ID-compliant photo ID? REAL ID can only be issued to U.S. citizens, or non-citizens who are legally in the U.S. States have not announced their individual requirements, but at a minimum, all applicants will need to supply proof of their Social Security Number (presumably an actual Social Security card), proof of current address, and proof of citizenship (such as passport or birth certificate), or proof of their status as a legal alien. REAL ID must include a digital photo.

What are the costs of REAL ID? The Department of Homeland Security (DHS) estimates it will cost states $4 billion to comply with REAL ID. This estimate assumes that states were already planning to make some of these changes, so those costs weren't counted. DHS originally estimated a cost of $14 billion. The true cost may fall somewhere in between, or be even higher. With 200 million licensed drivers in the U.S., that works out to $20-$70 per license. We can expect to see some sort of temporary or permanent increase in our license fees.

What is the burden on the states? The REAL ID program requires states to confirm the identity and legal status of all license applicants, and states are required to cross-check with all other states to ensure that the person does not have more than one active driver's license.

REAL ID cannot be issued to people in the US illegally, or to people whose religious beliefs do not allow them to be photographed. States that choose to grant licenses to people who do not comply with REAL ID have to color-code and otherwise identify those licenses as non-REAL ID.

States are required to recertify driver identities during the renewal process – they'll spread this process over several years, so your renewals may be business-as-usual for a while yet. Whether new or renewal, if you live in a REAL ID-compliant state you'll need to present the following at some point:

A photo identity document or non-photo document with your full legal name and date of birth (no mention of whether an existing driver's license would qualify).

Documentation showing your date of birth (birth certificate, perhaps passport)

Proof of your social security account number (presumably, a Social Security card), or proof that you're not eligible for a Social Security number.

Documentation with your name and address of principal residence.

No foreign documents can be accepted, except for an official passport.

Proof of U.S. citizenship or status as an alien lawfully in the U.S.

Each state must take (and save) a digital photo of each applicant, even if the application is rejected.

At the least, it looks like you'll need three documents, since passports/birth certificates don't show current address or social security number, and state photo ID doesn't include social security number or proof of citizenship.

Not only must the state inspect this documentation, but it must confirm the validity of that documentation with the issuing agency. States will probably interconnect their motor vehicle computer systems, and U.S. passports will probably have their bar codes scanned and checked with Federal computers. Further, the state must "resolve discrepancies" when a search shows a person with the same Social Security number holds a license or ID in another state (in other words, the states have to actively cooperate to make sure that only one REAL ID exists per person). Expect to surrender your old driver's license when you apply in a new state.

It's expected that states will have major costs expanding and providing the necessary training and security clearances for its driver's licensing staffs, and face major computing system upgrades.

Enhanced Driver's Licenses (EDL) To add additional complication to the issue, U.S. states and Canadian provinces can offer an optional Enhanced Driver's License. This EDL, designed in cooperation with U.S. Customs and Border Protection, is the equivalent of a Passport Card – usable for land and sea re-entry into the US from Canada, Mexico, Bermuda, and the Caribbean, and recognized as proof of citizenship by other governments in the region. EDLs are also fully compliant with the REAL ID Act. As of April 3, 2008, the  state of  Washington is the only state or province issuing EDLs.

Important Differences Between Passport Books and Passport Cards: The U.S. Passport Book is the traditional proof-of-citizenship document for U.S. citizens traveling between the U.S. and other countries. It is accepted by all countries that permit visits by U.S. citizens, and can be used to re-enter the U.S. by air, sea, or land, no matter where you've been. A new U.S. adult passport costs $100, and is valid for 10 years.

The Passport Card is a new Federally-issued identity document that can be used to reenter the U.S. by land or sea from Canada, Mexico, Bermuda, and the Caribbean. An adult Passport Card costs $45 and is valid for 10 years. The Passport Card is only recognized by a limited number of other countries, and cannot be used to re-enter the U.S. by air. State-issued Enhanced Driver's Licenses (EDLs) have the same privileges and limitations as a Passport Card.

Civil Liberties Concerns Some Americans are concerned that these enhanced identity requirements violate traditional liberties, including the freedom to travel freely within the borders of the U.S., and the protection of private information. Some state governernments have voiced these concerns as well, even though they are currently cooperating with the act. It is possible that court challenges to some provisions of the REAL ID Act may affect implementation of the act.

RFID Chips All passports issued today (including Passport Cards and Enhanced Driver's Licenses) include an "RFID chip" – a device that allows Customs and Border Protection agents to "scan" an identity document without touching it. (This is supposed to speed border crossings and accurately identify travelers). According to Federal authorities, the RFID chip carries only a number that is used to call-up the person's passport information from a secure Federal database. It does not carry any kind of personal information that can be "scanned" by unauthorized individuals (they would need access to the government's computers to obtain information about that person). While there appears to be a variety of potential privacy risks to the widespread use of RFID, a discussion of those issues is not possible in this article. International treaties require the adoption of the RFID chip by all participating nations, so for now, international travelers cannot avoid this technology.

Related Links: Airline Security

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