REAL ID Compliance Date Pushed Back Again

The REAL ID Act of 2005 prohibits federal agencies from accepting state issued identification, including driver’s licenses, unless the identification is in compliance with the act. DHS determined that states were not meeting the statutory requirements of the act as the result of many factors including diminished state budgets caused by the economic downturn. DHS stated they have provided over $175 million in federal grants since 2008 to assist states with the transition to compliance. The failure of states to comply with the requirements of REAL ID conflicts with recent efforts by states to alter the appearance and grounds for issuance of state identification. Many states, like Texas, have implemented rigid guidelines which make it difficult for aliens legally residing in the United States to obtain drivers licenses and identification. The states have imposed changes to the appearances of licenses for aliens and limited the duration of issuance to that of the status of the identification holder, however, they have chosen not to comply with REAL ID despite the incurring the cost of the changes. The discrepancy raises questions as to the motivations behind the states failure to comply with REAL ID and changes to identification card procedures. Related Links Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011


About the Author

Vishal Chander is an immigration attorney and founder of The Chander Law Firm PC in New York City. He advises employers and individuals on U.S. immigration strategy, including H-1B, PERM, and employment-based compliance.

The Chander Law Firm PC
469 Fashion Avenue, 12th Floor
New York, NY 10018
Phone: (212) 731-2444
www.chanderlaw.com