H.R. 418 aka REAL ID Act of 2005 aka Public Law 109-13followed a unique path to become law. By a House vote of 261-161, REAL ID was approved Feb 10, 2005. Instead of going to the Senate for a vote, then to the President for signature making it law, the House decided to include it within the "must pass" H.R. 1268 funding bill. The Senate passed H.R. 1268 Apr 21, 2005 BUT, they had removed the REAL ID Act. It was re-attached by a "conference report" prior to Congress passing it with a vote of 368-58 on May 10, 2005.
TheAmerican Immigration Lawyers Associationpointed out that there were no hearings or debate on this legislation. In addition, that by attaching it to a "must pass" spending bill, it did not receive an adequate level of scrutiny for importance and impact. They also claimed this action prevented Democrats from fully participating. I ask were there only 58 Democrats in Congress back then?
Between 2007 and 2009, there werethree attempts to recall the REAL ID Act of 2005 were attempted but all failed.
In 2021, the REAL ID Modernization Act was passed. This act revised the REAL ID Act of 2005. The revision followed the normal procedures and was passed by both House & Senate in 2021. This ended the idea of the 'illegitimacy' of the REAL ID Act of 2025 for with the revision, the entire act was reaffirmed. The President then signed it into law. This act removed the requirement that states keep the documentation you provide verifying your Social Security Number (SSN). However, states MAY require you to show a document that matches your name to your SSN.
The REAL ID Act of 2005 standardizes the information each state collects; forces states to create a database of all driver's licenses and state ID cards they issue; forces states to make their database available to ALL other states; sets rules for providing non-citizens REAL IDs, and gives maximum limits on expiration dates of driver's licenses and/or state IDs.
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What is the minimum information is required by the REAL ID Act of 2005 for a REAL ID?
A photo ID or an ID that has your full legal name and date of birth.
A document that shows your date of birth.
Your SSN or a document that says you are not eligible for an SSN (IF your state requires it).
One or more documents that show your name and principal address.
As specified in Section 202 [49 U.S.C. 30301] (c)(2)(B)(ii through x), you may receive a REAL ID if (ii) you are an alien lawfully admitted for permanent or temporary residence in the U.S.; (iii) have conditional permanent resident status in the U.S.; (iv) have an approved application for asylum in the U.S. or have entered into the U.S. in refugee status; (v) have a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the U.S.; (vi) have a pending application for asylum in the U.S.; (vii) have a pending or approved application for temporary protected status (TPS) in the U.S.; (viii) have approved deferred action status; (ix) have a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the U.S. or conditional permanent resident status in the U.S.; or (x) is a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau who has been admitted to the U.S. as a nonimmigrant pursuant to a Compact of Free Association between the U.S. and the Republic or Federated States.
BUT, if a person presents evidence under clauses (v) through (ix) the State may ONLY issue a temporary driver's license or temporary ID Card. The temporary REAL ID will only be valid during the applicant's authorized stay in the U.S. If there is no definite end to the period of authorized stay, then the REAL ID will be valid for a period of one year. The expiration date will be CLEARLY stated on the REAL ID.
An Alien REAL ID issued under clauses (v) through (ix) may be renewed if the status has been extended by the Secretary of Homeland Security.
Is the Department of Homeland Security building a national database through this Act?
The REAL ID Act of 2005 requires STATES to create and maintain both paper and digital records of EVERY driver's license or state ID issued by that state. It DOES NOT create a national database. The Act REQUIRES STATES make their database available to ALL other states. My question to this is: "Is it really "efficient" for EACH state to check every other state's database to see if their REAL ID applicant has been issued a driver's license or state ID in some other state?" I suspect the states will DEMAND an "all the states" database so they only need to check one place to verify applicants. Whether this is done by a snippet of code that automatically searches all the other state databases OR a single national database is created is yet to be seen.
If you travel by plane domestically, and don't have or want to buy a passport, you will need a REAL ID by May 7, 2025 to continue traveling by plane.
If you visit military installations, and do not have a military ID or U.S. Passport, you will need a REAL ID by May 7, 2025 to continue accessing those military installations.
If you visit "secure" federal buildings, and do not have a valid federal ID or U.S. Passport, you will need a REAL ID by May 7, 2025 to continue accessing those "secure" federal buildings.
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