Western Citizen

Score one for the states. The Dept. of Homeland Security announced Friday it will suspend the Dec. 31 deadline on a controversial national ID law.

The REAL ID Act of 2005 requires states to produce a biometric personal identification card linked to federal databases and which significantly modifies federal immigration laws. The bill was pushed by the Bush Administration and Congressional Republicans as a means of tightening security in the wake of the Sept. 11 terrorist attacks.

However, a broad coalition of civil libertarians, cash-strapped states, privacy groups and immigration advocates from across the political spectrum have derided REAL ID as a hollow and ineffective $4 billion unfunded federal mandate that violates state sovereignty. In the meantime, Congress has floated repealing REAL ID for PASS ID, a watered down version of the law that eliminates some of the technical burdens for producing the cards to coax state compliance.

Without the 11th hour extension by DHS, citizens would have been barred from boarding U.S. commercial aircraft or entering federal office buildings beginning Jan. 1, 2010.

But the states aren’t taking the fed’s mandate laying down. Colorado, Idaho and Montana are among 13 states that outright refuse to comply with the federal law or have symbolically budgeted zero dollars for it. The Utah House passed a resolution on third reading but was not joined by the state Senate after two tries. Neither New Mexico or Wyoming have enacted similar bills after multiple attempts.

In a Nov. 18 letter to DHS Sec. Janet Napolitano, the National Governors Association grumbled that 36 states couldn’t meet the end-of-year deadline and asked for a blanket reprieve.

In response, DHS Deputy Press Secretary Matt Chandler posted this statement to the department’s Web site Friday announcing a 17-month deadline extension and an additional funding package. Yet, when combined with the previously awarded $45.6 million in state grants the feds are still ponying up roughly one-quarter of one percent of the estimated implementation cost.

“As expected, a large majority of states and territories—46 of 56—have informed DHS that they will not be able to meet the Dec. 31 REAL ID material compliance deadline. As the National Governors Association has said, the states have made tremendous progress in driver’s license security but simply cannot fulfill the requirements of REAL ID. That’s why Secretary Napolitano has supported the efforts of Governors and Congress to enact PASS ID, which puts states on the path to implementing national standards for identification documents and will enhance security across the country.

“In order to ensure that the millions of Americans traveling this holiday season are not disrupted, DHS is extending the Dec. 31 REAL ID material compliance deadline. The May 10, 2011, deadline for full compliance remains in effect, and the Department will continue to work closely with states to meet this deadline. However, Congress must act to address systemic problems with the REAL ID Act to advance our security interests over the long term. DHS is committed to moving forward to implement this key 9/11 Commission recommendation—just last week, the Department announced the availability of $48 million to states for the Drivers License Security Grant Program, to help prevent terrorism, reduce fraud, and improve the reliability and accuracy of personal identification documents.”

To hardcore Rocky Mountain West politicos that name may sound familiar. Chandler was the 2008 Obama presidential campaign spokesman in Colorado, Montana and Wyoming.

Categories: Colorado, Idaho, Montana, New Mexico, Politics, Rocky Mountain West, States, Utah, Wyoming | Tags: civil liberties, Dept. of Homeland Security, Immigration, national security, PASS ID, REAL ID