History of REAL ID Act in Timeline

December 01, 1964

On January 29, 2008, DHS issued the REAL ID regulations, specifying a gradual implementation schedule. Until May 11, 2008, states and territories would have to comply with the REAL ID Act or request an extension, valid until December 31, 2009, and they could later request an additional extension to May 11, 2011. Documents issued by states and territories that were certified as compliant or that were granted an extension would continue to be accepted, even if the documents themselves did not satisfy the standards, until December 1, 2014, for people born after December 1, 1964, or until December 1, 2017, for others. After these last deadlines, identification documents themselves would have to satisfy the standards to be accepted by federal agencies.

1994

On December 17, 2018, Congress amended the REAL ID Act to remove an outdated reference to the Trust Territory of the Pacific Islands (terminated in 1994) and to clarify that citizens of its successor Freely Associated States (Marshall Islands, Micronesia and Palau) were eligible for driver licenses and identification cards when admitted to the United States.

July 2004

In response to the September 11 attacks, the U.S. government established the 9/11 Commission to provide recommendations to prevent future attacks. In its report, issued in July 2004, one of the commission's many recommendations was establishing federal standards for identification documents. In December 2004, the Intelligence Reform and Terrorism Prevention Act (IRTPA), enacted to implement the commission's recommendations, directed the Secretary of Transportation to form a negotiated rulemaking committee with representatives from state governments and the Department of Homeland Security, to issue regulations establishing standards for identification documents issued by the states, and prohibited federal agencies from accepting identification documents that did not conform to these standards.

February 2005

In February 2005, less than two months after IRTPA was enacted, the House of Representatives passed the REAL ID Act as H.R. 418, introduced by Representative Jim Sensenbrenner (R-WI). The bill would repeal the provisions regarding identification documents in IRTPA, replace them with a version that would set the federal standards directly rather than in negotiation with the states, and would make various changes to U.S. immigration law regarding asylum, border security and deportation. In March, the text of the REAL ID Act was appended as a rider on an omnibus spending bill, H.R. 1268, the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief 2005, which was passed by the House. The Senate removed the REAL ID Act from the bill, added sections regarding visas for workers, and passed it in April. In May, the conference report merging the bill versions, including the REAL ID Act added by the House and the visa sections added by the Senate, was agreed to by both houses, and the bill was signed into law by President George W. Bush on May 11, 2005. The identification document provisions of the REAL ID Act were codified as a note in 48 U.S.C. § 30301.

February 10, 2005

The House of Representatives approved the original REAL ID Act, H.R.418, on February 10, 2005, by a vote of 261–161. At the insistence of the bill's sponsor and then House Judiciary Committee Chair Jim Sensenbrenner, the REAL ID Act was subsequently attached by the House Republican leadership as a rider to H.R.1268, a bill dealing with emergency appropriations for the Iraq War and with the 2004 tsunami relief funding, which was widely regarded as a must pass bill. The Senate passed H.R.1268 on April 21, 2005, without the REAL ID Act. However, the REAL ID Act was reinserted in the conference report on H.R.1268, which was then passed by the House on May 5, 2005, by a 368–58 vote and unanimously by the Senate on May 10, 2005. The Senate never discussed or voted on the REAL ID Act specifically and no Senate committee hearings were conducted on the REAL ID Act prior to its passage. Critics charged that this procedure was undemocratic and that the bill's proponents avoided a substantive debate on a far-reaching piece of legislation by attaching it to a "must-pass" bill.

May 03, 2005

A May 3, 2005, statement by the American Immigration Lawyers Association said: "Because Congress held no hearings or meaningful debate on the legislation and amended it to a must-pass spending bill, the REAL ID Act did not receive the scrutiny necessary for most measures, and most certainly not the level required for a measure of this importance and impact. Consistent with the lack of debate and discussion, conference negotiations also were held behind closed doors, with Democrats prevented from participating."

May 11, 2005

The REAL ID Act, enacted on May 11, 2005, specified that after three years, from May 11, 2008, federal agencies would no longer accept any identification documents issued by states and territories that did not start issuing documents that satisfied the standards. The statute did not directly prohibit federal agencies from accepting non-compliant identification documents issued by compliant states and territories. However, due to widespread opposition and refusal by many state governments to implement the provisions, the deadline was extended numerous times.

January 25, 2007

On January 25, 2007, the Maine Legislature overwhelmingly passed a resolution refusing to implement the REAL ID Act in that state and calling on Congress to repeal the law. Many Maine lawmakers believed that the law would do more harm than good, they were concerned that it would create bureaucratic problems, threaten individual privacy, could make citizens more vulnerable to ID theft, and would cost Maine taxpayers at least $185 million in five years to implement all aspects of the bill. The resolution vote in the Maine House of Representatives was 137–4 and in the Maine Senate unanimous, 34–0.

February 13, 2007

A more limited bill, introduced on February 13, 2007, by Senator Susan Collins (R-ME), with four cosponsors, would have extended the deadlines for states to comply with the REAL ID Act.

February 16, 2007

A similar bill was introduced on February 16, 2007, by Representative Tom Allen (D-ME), with 41 cosponsors, all Democrats. This bill did not advance either.

February 16, 2007

On February 16, 2007, the Utah legislature unanimously passed a resolution opposing the REAL ID Act. The resolution stated that REAL ID was "in opposition to the Jeffersonian principles of individual liberty, free markets, and limited government", and that "the use of identification-based security cannot be justified as part of a 'layered' security system if the costs of the identification 'layer'—in dollars, lost privacy, and lost liberty—are greater than the security identification provides".

February 28, 2007

On February 28, 2007, Senator Daniel Akaka (D-HI) introduced the Identification Security Enhancement Act of 2007 to repeal the REAL ID Act and restore the equivalent provisions of the Intelligence Reform and Terrorism Prevention Act, which provided more regulatory flexibility with state participation. Seven Democratic and Republican senators cosponsored the bill. Committee hearings were held, but the bill did not advance.

May 07, 2007

The Data Privacy and Integrity Advisory Committee, which was established to advise the Department of Homeland Security on privacy-related issues, released a statement regarding the Department of Homeland Security's proposed rules for the standardization of state driver licenses on May 7, 2007. The committee stated that "Given that these issues have not received adequate consideration, the Committee feels it is important that the following comments do not constitute an endorsement of REAL ID or the regulations as workable or appropriate", and "The issues pose serious risks to an individual's privacy and, without amelioration, could undermine the stated goals of the REAL ID Act".

November 01, 2007

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. The amended complaint alleged that this unprecedented authority violated the fundamental separation of powers principles enshrined in the U.S. Constitution. On December 18, 2007, Judge Ellen Segal Huvelle rejected the challenge. On March 17, 2008, the attorneys filed a petition for a writ of certiorari with the U.S. Supreme Court to hear their "constitutional challenge to the Secretary's decision waiving nineteen federal laws, and all state and local legal requirements related to them, in connection with the construction of a barrier along a portion of the border with Mexico". They questioned whether the preclusion of judicial review amounted to an unconstitutional delegation of legislative power and whether the "grant of waiver authority violates Article I's requirement that a duly-enacted law may be repealed only by legislation approved by both Houses of Congress and presented to the President". On April 17, 2008, numerous amicus briefs "supporting the petition were filed on behalf of 14 members of Congress, a diverse coalition of conservation, religious and Native American organizations, and 28 law professors and constitutional scholars". The Supreme Court denied the petition on June 23, 2008.

November 2007

Similarly, some immigration and human rights advocacy groups maintained that the REAL ID Act provided an overly broad definition of "terrorist activity" that would prevent some deserving categories of applicants from gaining asylum or refugee status in the United States. A November 2007 report by Human Rights Watch raised this criticism specifically in relation to former child soldiers who had been forcibly and illegally recruited to participate in an armed group.

2008

Enacted in response to the September 11 attacks, the provisions regarding identification documents were originally intended to take effect in 2008, but enforcement was repeatedly delayed due to widespread opposition and refusal by many state governments to implement them. Eventually states began to comply in 2012, and enforcement based on the issuing state or territory began from 2014 to 2018 depending on the facility. After numerous extensions, by 2020, all states were certified as compliant, and by 2024, all territories were certified. Enforcement based on the identification documents began on May 7, 2025, and is scheduled to be implemented in phases until complete enforcement begins on May 5, 2027.

2008

Highlighting the broad diversity of the coalition opposing Title II of the REAL ID Act, the American Center for Law and Justice (ACLJ), founded by evangelical Christian Pat Robertson, participated in a joint press conference with the ACLU in 2008.

2008

In 2008, Cindy Southworth, technology project director for the National Network to End Domestic Violence, noted a "conundrum" in the mission "to identify people who are dangerous, such as terrorists, and at the same time, [...] in a way that keeps everyday citizens and victims safe." The National Coalition Against Domestic Violence also voiced concern about the REAL ID Act.

January 2008

Many advocacy groups and individual opponents of the REAL ID Act believed that having a REAL ID-compliant identification might become a requirement for various basic tasks. A January 2008 statement by the ACLU of Maryland said: "The law places no limits on potential required uses for Real IDs. In time, Real IDs could be required to vote, collect a Social Security check, access Medicaid, open a bank account, go to an Orioles game, or buy a gun. The private sector could begin mandating a REAL ID to perform countless commercial and financial activities, such as renting a DVD or buying car insurance. REAL ID cards would become a necessity, making them de facto national IDs". However, government-issued identification was already required to perform some of these tasks; for example, two forms of identification – usually a driver license, passport, or Social Security card – were required by the Patriot Act in order to open a bank account.

January 07, 2008

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.

February 2008

Former Republican Representative Bob Barr wrote in a February 2008 article: "A person not possessing a REAL ID Act-compliant identification card could not enter any federal building, or an office of his or her congressman or senator or the U.S. Capitol. This effectively denies that person their fundamental rights to assembly and to petition the government as guaranteed in the First Amendment".

April 16, 2009

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. On May 13, 2009, the Missouri Senate unanimously passed the bill 43–0. Missouri Governor Jay Nixon signed this bill into law on July 13, 2009. This law was later repealed in 2017. Alaska also repealed its anti-Real-ID law in 2017.

June 15, 2009

On June 15, 2009, Senator Daniel Akaka introduced the PASS ID Act, which would replace the REAL ID Act with a similar law without some of the requirements that were considered excessive, such as the obligation to verify documents with the issuing authority and shared databases. The bill passed the Committee on Homeland Security and Governmental Affairs but did not advance further.

2011

Adrian Wyllie, the then-chair of the Libertarian Party of Florida, drove without carrying a driver license in 2011 in protest of the REAL ID Act. After being ticketed, Wyllie argued in court that Florida's identification laws violated his privacy rights; a judge rejected this claim.

March 07, 2011

On March 7, 2011, DHS extended the deadline for states and territories to become compliant to January 15, 2013, but all identification documents continued to be accepted during 2013. On December 29, 2014, DHS extended the deadline for documents to satisfy the standards to October 1, 2020, regardless of age.

2012

DHS began certifying states as compliant in 2012. 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. DHS completed certification of all states by 2020, and of all territories by 2024.

March 09, 2012

In the 2012 Florida Legislative Session, the anti-Real-ID bill HB 109 and its Senate companion S 220 were introduced. Named the Florida Driver's License Citizen Protection Act, it would require discontinuation of several of the federally mandated provisions of the REAL ID Act and destruction of copies of U.S. citizens' documents from the government database. That bill died in the Transportation and Highway Safety Subcommittee on March 9, 2012.

2014

Enforcement based on the issuing state or territory finally began in 2014 and 2015 for accessing federal facilities and in 2018 for boarding airline flights:

2015

The REAL ID Act requires that states and territories share their ID and driver history databases with each other, but this requirement was not included in the DHS certification criteria. The State-to-State (S2S) Verification Service, used to share ID databases, was implemented in 2015, and the feature used to share driver history records (DHR) was implemented in 2022. 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2020

In 2020, the section of the REAL ID Act waiving laws that could interfere with the construction of the border barrier negatively impacted the natural and cultural environment of the border area. One example was at Quitobaquito Springs in the Organ Pipe Cactus National Monument in Arizona, one of the only reliable above-ground water sources in the Sonoran Desert and home to the endangered Sonoyta pupfish and Sonora mud turtle. The spring and surrounding lands are also sacred to the Hia C-eḍ Oʼodham and Tohono Oʼodham peoples. Due to the construction of the border barrier, the flow of water declined precipitously from March 2020, and threatened the cultural landscape as well as the two endangered species, along with other desert animals and plants that relied on the water.

March 27, 2020

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

April 27, 2020

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 again extended, by one year to October 1, 2021. On May 3, 2021, it was extended to May 3, 2023; on December 5, 2022, it was extended to May 7, 2025.

December 27, 2020

On December 27, 2020, the Consolidated Appropriations Act, 2021 amended the REAL ID Act to accept electronic versions of identification documents, and to exempt states from requiring applicants to provide documentation of their Social Security number, such as their Social Security card. In states that chose not to require such documentation, applicants were still required to provide their Social Security number, which states would verify directly with the Social Security Administration. The amendment also repealed federal funds that the original law had provided for states to assist in their compliance.

January 14, 2025

On January 14, 2025, the Transportation Security Administration (TSA) maintained in principle the deadline of May 7, 2025, but allowed flexible enforcement, for example by warning holders of noncompliant documents rather than refusing them altogether, until May 5, 2027. On November 20, 2025, TSA announced that its alternative identity verification process for people without acceptable identification to access airport boarding areas would be modernized, and that a fee of US$18 would be required to use the system for 10 days. On December 1, 2025, TSA announced that the system, named Confirmed.ID, would begin on February 1, 2026, and increased the fee to $45.