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Driver's License Provisions in the REAL ID Act of 2005 PDF Print E-mail
Written by Jennifer Hopkins   
Monday, 13 June 2005
On May 11, 2005, The Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief Act of 2005 - also known as "Emergency Supplemental") - was signed into law. This Act contained several immigration-related provisions, including the REAL ID Act of 2005, which was attached to the end of the new law. The REAL ID Act of 2005 - H.R. 418 - was initially introduced in the U.S. House of Representatives on January 26, 2005 by Representative James Sensenbrenner of Wisconsin. The bill also had 125 co-sponsors from 32 other states.

The following is the CRS (Congressional Research Summary) concerning the Driver's License and Personal Identification Cards Section (Section 202) of the REAL ID Act included in the new law:

"REAL ID Act of 2005 -

Title II: Improved Security for Driver's Licenses and Personal Identification Cards - (Sec. 202) Prohibits Federal agencies from accepting State issued driver's licenses or identification cards unless such documents are determined by the Secretary to meet minimum security requirements, including the incorporation of specified data, a common machine-readable technology, and certain anti-fraud security features.

Sets forth minimum issuance standards for such documents that require:

  1. verification of presented information;
  2. evidence that the applicant is lawfully present in the United States;
  3. issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite);
  4. a clear indication that such documents may not be accepted for Federal purposes where minimum issuance standards are not met; and
  5. electronic access by all other States to the issuing State's motor vehicle database."

The National Immigration Law Center has published a summary of these Driver's License Provisions which can be found at: http://www.nilc.org/immspbs/DLs/real_id_dl_tbl_051905.pdf. This summary includes: information required on the driver's license, minimum standards for driver's license issuance, immigration requirements, state compliance, security standards and fraud prevention, verification of information, data storage, linking of databases, grants to states, and authority.

For additional information, related information, summary, and text of this new law, you can search http://thomas.loc.gov, the Library of Congress Legislative Information on the Internet, for REAL ID, H.R. 418, H.R.1268 or Public Law No: 109-13.

 
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