History of Real ID Act in Timeline

The Real ID Act of 2005 is a US federal law establishing minimum security standards for state-issued driver's licenses and identification cards. These compliant IDs are required for accessing federal facilities, nuclear power plants, and commercial air travel within the US. The act mandates verification of applicant information, inclusion of security features on the cards, and interstate data sharing. Furthermore, the Real ID Act brought about changes to US immigration laws, impacting areas like asylum procedures, border enforcement, deportation processes, and regulations for specific work visas.

July 2004: 9/11 Commission Report

In July 2004, the 9/11 Commission issued its report, recommending federal standards for identification documents.

December 2004: Intelligence Reform and Terrorism Prevention Act (IRTPA)

In December 2004, the Intelligence Reform and Terrorism Prevention Act (IRTPA) directed the Secretary of Transportation to form a committee to issue regulations establishing standards for identification documents issued by the states.

February 10, 2005: House Approves Real ID Act

On February 10, 2005, the House of Representatives approved the original Real ID Act, H.R.418, by a vote of 261–161.

February 2005: House Passes Real ID Act as H.R. 418

In February 2005, the House of Representatives passed the Real ID Act as H.R. 418.

April 21, 2005: Senate Passes H.R.1268 Without Real ID Act

On April 21, 2005, the Senate passed H.R.1268, without the Real ID Act.

May 3, 2005: AILA Statement on Real ID Act

On May 3, 2005, the American Immigration Lawyers Association (AILA) issued a statement criticizing the Real ID Act's lack of scrutiny and debate due to its attachment to a must-pass spending bill.

May 5, 2005: House Passes Conference Report

On May 5, 2005, the House passed the conference report on H.R.1268, including the Real ID Act, by a 368–58 vote.

May 10, 2005: Senate Passes Conference Report

On May 10, 2005, the Senate passed the conference report on H.R.1268 unanimously, including the Real ID Act.

May 11, 2005: Real ID Act Signed into Law

On May 11, 2005, the Real ID Act was signed into law by President George W. Bush.

2005: Criticism of Asylum Standards

A 2005 article in LCCR-sponsored Civil Rights Monitor criticized changes to asylum standards within the Real ID Act, arguing they would prevent legitimate asylum seekers from obtaining safe haven due to stricter evidentiary standards and broader discretion for immigration officials.

2005: Real ID Act of 2005

In 2005, the Real ID Act was enacted, establishing requirements for state-issued driver's licenses and identification cards to be accepted for federal purposes, including accessing federal facilities and boarding airline flights. It also modified U.S. immigration law.

2005: Save Our Small and Seasonal Businesses Act of 2005

In 2005, the Save Our Small and Seasonal Businesses Act of 2005, added to the Real ID Act during its congressional passage, allowed foreign nationals with an H-2B visa to apply as returning workers without counting toward the annual limit.

2006: Secure Fence Act of 2006

The Secure Fence Act of 2006 extended the waiver provision from the Real ID Act regarding border barriers to a longer portion of the Mexico–United States border.

January 25, 2007: Maine Legislature Refuses to Implement Real ID Act

On January 25, 2007, the Maine Legislature overwhelmingly passed a resolution refusing to implement the Real ID Act. Lawmakers expressed concerns about bureaucratic issues, privacy threats, vulnerability to ID theft, and the significant cost to Maine taxpayers. The vote was 137-4 in the House and 34-0 in the Senate.

February 13, 2007: Bill Introduced to Extend Real ID Act Compliance Deadlines

On February 13, 2007, Senator Susan Collins (R-ME) introduced a bill that would have extended the deadlines for states to comply with the Real ID Act. This bill had four cosponsors but did not progress further.

February 16, 2007: Similar bill introduced to repeal Real ID Act

On February 16, 2007, Representative Tom Allen (D-ME) introduced a bill similar to Senator Akaka's, seeking to repeal the Real ID Act. The bill had 41 cosponsors, all Democrats, but it also did not advance.

February 28, 2007: Identification Security Enhancement Act of 2007 Introduced

On February 28, 2007, Senator Daniel Akaka (D-HI) introduced the Identification Security Enhancement Act of 2007 to repeal the Real ID Act. The bill aimed to restore provisions of the Intelligence Reform and Terrorism Prevention Act, which offered more flexibility for state participation. The bill did not advance despite committee hearings.

May 7, 2007: Data Privacy Committee Releases Statement on Real ID Regulations

On May 7, 2007, the Data Privacy and Integrity Advisory Committee released a statement regarding the Department of Homeland Security's proposed rules for the standardization of state driver licenses, noting serious risks to individual privacy and expressing that their comments should not be seen as an endorsement of Real ID.

November 1, 2007: Amended Complaint Filed Challenging Real ID Act

On November 1, 2007, attorneys for Defenders of Wildlife and the Sierra Club filed an amended complaint in U.S. District Court challenging the Real ID Act on the grounds that it violated the separation of powers principles.

November 2007: Human Rights Watch Report Criticizes Definition of Terrorist Activity

In November 2007, a Human Rights Watch report criticized the Real ID Act's overly broad definition of 'terrorist activity,' arguing that it could prevent deserving applicants, such as former child soldiers, from obtaining asylum or refugee status in the United States.

December 18, 2007: Challenge to Real ID Act Rejected

On December 18, 2007, Judge Ellen Segal Huvelle rejected the challenge to the Real ID Act.

January 7, 2008: Court Security Improvement Act of 2007

On January 7, 2008, the Court Security Improvement Act of 2007 specified that federal judges could use their court address instead of their residential address on their identification documents for purposes of the Real ID Act.

January 2008: ACLU of Maryland Statement on Potential Uses of Real IDs

In January 2008, the ACLU of Maryland issued a statement expressing concerns that Real ID-compliant identification might become a requirement for various basic tasks, potentially leading to de facto national IDs. They noted the law placed no limits on potential required uses for Real IDs.

January 29, 2008: DHS Issues Real ID Regulations

On January 29, 2008, DHS issued the Real ID regulations, specifying a gradual implementation schedule.

February 2008: Bob Barr Argues Real ID Act Violates First Amendment Rights

In February 2008, former Republican Representative Bob Barr argued that the Real ID Act could effectively deny individuals their First Amendment rights to assembly and to petition the government if they did not possess a Real ID-compliant identification card, restricting access to federal buildings and representatives' offices.

March 17, 2008: Petition Filed with Supreme Court Challenging Waiver Authority

On March 17, 2008, attorneys filed a petition for a writ of certiorari with the U.S. Supreme Court, challenging the Secretary's decision waiving federal laws for border barrier construction under the Real ID Act.

April 17, 2008: Amicus Briefs Filed Supporting Petition Against Waiver Authority

On April 17, 2008, numerous amicus briefs were filed in support of the petition challenging the waiver authority granted under the Real ID Act, representing a diverse coalition of organizations and scholars.

May 11, 2008: Initial Deadline for Federal Acceptance

On May 11, 2008, the initial deadline for federal agencies to no longer accept non-compliant identification documents, though this was extended due to opposition.

June 23, 2008: Supreme Court Denies Petition Challenging Real ID Act

On June 23, 2008, the U.S. Supreme Court denied the petition for a writ of certiorari, thus ending the legal challenge to the waiver authority granted under the Real ID Act.

2008: Concerns About Domestic Violence Victims

In 2008, Cindy Southworth and the National Coalition Against Domestic Violence voiced concerns about the Real ID Act's impact on domestic violence victims.

2008: Presidential Candidates' Stance on Real ID Act

In 2008, John McCain supported the Real ID Act, while Hillary Clinton called for a review, Barack Obama and Ron Paul opposed it, and Mike Huckabee called it a "huge mistake."

2008: ACLJ and ACLU Joint Press Conference

In 2008, the American Center for Law and Justice (ACLJ) participated in a joint press conference with the ACLU, highlighting the broad diversity of the coalition opposing Title II of the Real ID Act.

2008: Initial Enforcement Date (Delayed)

The provisions regarding identification documents were originally intended to take effect in 2008, but enforcement was repeatedly delayed.

April 16, 2009: Missouri House Passes Bill Prohibiting Real ID Act Compliance

On April 16, 2009, the Missouri House of Representatives passed a bill prohibiting the state from complying with the Real ID Act, by a vote of 83–69 and 3 present.

May 13, 2009: Missouri Senate Passes Bill Prohibiting Real ID Act Compliance

On May 13, 2009, the Missouri Senate unanimously passed the bill prohibiting compliance with the Real ID Act by a vote of 43-0.

June 15, 2009: PASS ID Act Introduced

On June 15, 2009, Senator Daniel Akaka introduced the PASS ID Act as a replacement for the Real ID Act. The PASS ID Act aimed to address concerns about excessive requirements like mandatory document verification and shared databases. The bill advanced in the Committee on Homeland Security and Governmental Affairs but stalled afterward.

July 13, 2009: Missouri Governor Signs Anti-Real ID Act Bill

On July 13, 2009, Missouri Governor Jay Nixon signed the bill prohibiting the state from complying with the Real ID Act into law.

March 7, 2011: DHS Extends Compliance Deadline

On March 7, 2011, DHS extended the deadline for states and territories to become compliant to January 15, 2013.

2011: Protest of Real ID Act

In 2011, Adrian Wyllie protested the Real ID Act by driving without a license, arguing that Florida's identification laws violated his privacy rights.

March 9, 2012: Florida Driver's License Citizen Protection Act Dies in Subcommittee

On March 9, 2012, the Florida Driver's License Citizen Protection Act (HB 109 and S 220), an anti-Real-ID bill, died in the Transportation and Highway Safety Subcommittee. The bill aimed to discontinue federally mandated provisions of the Real ID Act and destroy copies of citizens' documents from the government database.

2012: DHS Begins Certifying States

DHS began certifying states as compliant with the Real ID Act in 2012.

2012: States Begin to Comply

In 2012, states began to comply with the Real ID Act.

December 29, 2014: DHS Extends Deadline Again

On December 29, 2014, DHS extended the deadline for documents to satisfy the standards to October 1, 2020, regardless of age.

2014: Enforcement of Real ID Act Begins

Between 2014 and 2018, enforcement began with states and territories that were compliant or had extensions being accepted.

2014: Enforcement Based on Issuing State Begins

In 2014, enforcement based on the issuing state or territory began.

2014: Enforcement Begins for Federal Facilities

In 2014, enforcement based on the issuing state or territory finally began for accessing federal facilities.

2015: State-to-State (S2S) Verification Service Implemented

In 2015, the State-to-State (S2S) Verification Service, used to share ID databases, was implemented.

2017: Missouri and Alaska Repeal Anti-Real ID Laws

In 2017, both Missouri and Alaska repealed their laws that had previously prohibited compliance with the Real ID Act.

December 17, 2018: Amendment to Real ID Act

On December 17, 2018, Congress amended the Real ID Act to remove an outdated reference to the Trust Territory of the Pacific Islands and clarify the eligibility of citizens from Freely Associated States for driver licenses and identification cards.

2018: Adoption Increased Significantly

Adoption of Real ID standards increased significantly in 2018, as the final phase of implementation approached.

2018: Enforcement Based on Issuing State

Enforcement based on the issuing state or territory began from 2014 to 2018 depending on the facility.

2018: All States and Territories Compliant or Extended

From 2018, all states and territories were compliant or continuously maintained extensions, so their identification documents remained accepted for boarding airline flights.

2018: Enforcement Begins for Airline Flights

In 2018, enforcement based on the issuing state or territory finally began for boarding airline flights.

2019: Adoption Increased

Adoption slowed after 2013 but increased significantly in 2018 and 2019, as the final phase of implementation approached and states were faced with potential air travel restrictions for their residents.

March 2020: Impact on Quitobaquito Springs due to Border Barrier Construction

In March 2020, the flow of water declined precipitously at Quitobaquito Springs in the Organ Pipe Cactus National Monument in Arizona due to border barrier construction authorized under the Real ID Act. This threatened endangered species and the cultural landscape sacred to the Hia C-eḍ Oʼodham and Tohono Oʼodham peoples.

March 27, 2020: CARES Act Extends Real ID Compliance Deadline

On March 27, 2020, the CARES Act extended the deadline for states to comply with the Real ID Act to at least September 30, 2021 due to the COVID-19 pandemic.

April 27, 2020: Deadline Extended to October 1, 2021

Due to the COVID-19 pandemic, on April 27, 2020, the extended deadline after which identification documents would have to satisfy the Real ID Act standards to be accepted by federal agencies was extended to October 1, 2021.

December 27, 2020: Consolidated Appropriations Act, 2021 Amends Real ID Act

On December 27, 2020, the Consolidated Appropriations Act, 2021 amended the Real ID Act to accept electronic versions of identification documents, exempt states from requiring documentation of Social Security numbers, and repealed federal funds for state compliance.

2020: DHS Completes Certification of All States

By 2020, DHS completed certification of all states for Real ID compliance.

2020: All States Certified as Compliant

By 2020, all states were certified as compliant with the Real ID Act.

May 3, 2021: Deadline Extended to May 3, 2023

On May 3, 2021, the deadline for Real ID compliance was extended to May 3, 2023 due to the COVID-19 pandemic.

October 1, 2021: Deadline Extended to October 1, 2021

On October 1, 2021, the extended deadline after which identification documents would have to satisfy the Real ID Act standards to be accepted by federal agencies was extended by one year due to the COVID-19 pandemic.

December 5, 2022: Deadline Extended to May 7, 2025

On December 5, 2022, the deadline for Real ID compliance was extended to May 7, 2025.

2022: Gender Options on Driver's Licenses

As of 2022, all states and territories included an individual's gender on driver's licenses, allowing changes to male or female, with many offering a gender-neutral option 'X'.

2022: Driver History Records (DHR) Sharing Implemented

In 2022, the feature used to share driver history records (DHR) was implemented.

May 3, 2023: Real ID Enforcement Extended

On May 3, 2023, the Real ID enforcement date was extended.

2024: DHS Completes Certification of All Territories

By 2024, DHS completed certification of all territories for Real ID compliance.

2024: All Territories Certified

By 2024, all territories were certified as compliant with the Real ID Act.

January 14, 2025: TSA Allows Flexible Enforcement

On January 14, 2025, the Transportation Security Administration maintained the May 7, 2025 deadline but allowed flexible enforcement until May 5, 2027.