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Real ID Act information


Real ID Act of 2005
Great Seal of the United States
Long titleAn Act to establish and rapidly implement regulations for state driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, and to ensure expeditious construction of the San Diego border fence.
Enacted bythe 109th United States Congress
EffectiveImmigration provisions:
May 11, 2005
Identification document provisions:
May 11, 2008 (original)
April 21, 2014–January 22, 2018 (partial)
May 7, 2025 (full)
Citations
Public law109-13
Statutes at Large119 Stat. 302
Codification
Acts repealedIntelligence Reform and Terrorism Prevention Act §§ 5402, 5403, 7212
U.S.C. sections amendedImmigration provisions:
8 U.S.C. § 1101, § 1103, § 1153, §§ 1157–1159, § 1182, § 1184, § 1227, §§ 1230–1231, § 1252, § 1356
Identification document provisions:
49 U.S.C. § 30301 note
Legislative history
  • Introduced in the House as H.R. 418 by Jim Sensenbrenner (R–WI) on January 26, 2005
  • Committee consideration by House Judiciary, House Homeland Security, House Government Reform, Senate Judiciary
  • Passed the House on February 10, 2005 (261–161; appended to H.R. 1268, passed 388–43 on March 16, 2005)
  • Passed the Senate on April 21, 2005 (99–0, as part of H.R. 1268)
  • Reported by the joint conference committee on May 3, 2005; agreed to by the House on May 5, 2005 (368–58) and by the Senate on May 10, 2005 (100–0)
  • Signed into law by President George W. Bush on May 11, 2005
Major amendments
Court Security Improvement Act of 2007 § 508
Real ID Act Modification for Freely Associated States Act
CARES Act (PDF) § 16006
Consolidated Appropriations Act, 2021 (PDF) § 1001
United States Supreme Court cases
  • Kucana v. Holder, 558 U.S. 233 (2010)
  • Nasrallah v. Barr, No. 18-1432, 590 U.S. ___ (2020)

The Real ID Act of 2005 (stylized as REAL ID Act of 2005) is an Act of Congress that establishes requirements that driver licenses and identification cards issued by U.S. states and territories must satisfy to be accepted for accessing federal government facilities and nuclear power plants and for boarding airline flights in the United States. The requirements include verification of the personal information presented when applying for the identification document, security features on the document, and electronic sharing of databases between states. The act also made various modifications to U.S. immigration law regarding asylum, border security, deportation, and certain work visas.[1]

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.[2] Eventually states began to comply in 2012, and enforcement began in 2014 for certain federal facilities. After numerous extensions, by 2020 all states were certified as compliant, and by 2024 all territories were certified as well. As of 2024, the final and most significant phase of the implementation, regarding identification documents accepted for boarding flights, was scheduled for May 7, 2025, after being postponed many times.[3][4][5]

  1. ^ H.R. 1268, Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, United States Congress.
  2. ^ Krajewska, Magdalena (2020). "Implementing the REAL ID Act: Intergovernmental Conflict and Cooperation in Homeland Security Policy". Publius: The Journal of Federalism. 50 (3): 398–422. doi:10.1093/publius/pjaa010.
  3. ^ Real ID, U.S. Department of Homeland Security.
  4. ^ 86 FR 23237, Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes, May 3, 2021.
  5. ^ "DHS Announces Extension of REAL ID Full Enforcement Deadline". U.S. Department of Homeland Security. December 5, 2022.

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