Navigating the complexities of U.S. immigration law involves understanding various policies and regulations, including those that may not seem directly related to immigration at first glance. One such regulation is the REAL ID Act. At Dalal and Mehta, Immigration Law Firm, owned by Attorney Pooja Mehta, we believe it is important to keep our clients informed about how such policies can impact their lives. This blog post will explain what REAL ID is and how it affects immigrants.
What is REAL ID?
The REAL ID Act, enacted by Congress in 2005, established federal standards for state-issued driver’s licenses and identification cards to enhance national security. This legislation was a direct response to security concerns following the events of September 11, 2001, aiming to make identification documents more reliable and less susceptible to fraud. Under the act, states must ensure that the information on these IDs is accurate and meets specific federal guidelines. These guidelines include verifying the applicant’s identity through rigorous documentation, such as proof of legal status, Social Security numbers, and current addresses. The overarching goal of the REAL ID Act is to create a uniform standard that improves trust in identification documents across all states, strengthening efforts to prevent identity theft, fraud, and other security risks.
Key Features of REAL ID:
- Verification of Identity: Requires verification of the individual’s identity, Social Security number, and lawful status in the United States.
- Security Features: Mandates specific security features on IDs to prevent tampering, counterfeiting, or duplication.
- State Compliance: States must comply with these standards to issue REAL ID-compliant licenses and IDs.
Timeline and Compliance:
The deadline for full enforcement of the REAL ID Act has been extended several times, with the most recent extension pushing the compliance date to May 7, 2025. After this date, federal agencies, including the Transportation Security Administration (TSA), will only accept REAL ID-compliant licenses and IDs for certain purposes.
Important Dates:
May 7, 2025: Deadline for individuals to obtain REAL ID-compliant identification if they wish to use it for certain federal purposes, such as boarding domestic flights or accessing federal facilities.
Impact on Immigrants:
This Act has significant implications for immigrants, particularly those who are undocumented or in the process of adjusting their status.
1. Access to Identification:
- Documented Immigrants: Immigrants with lawful status (e.g., green card holders, asylum seekers, and visa holders) can obtain REAL ID-compliant licenses and IDs by presenting the required documentation.
- Undocumented Immigrants: Those without lawful status may face challenges obtaining REAL ID-compliant identification. Some states offer alternative forms of driver’s licenses that are not REAL ID-compliant but still allow undocumented immigrants to drive legally.
2. Federal Access and Travel:
- Boarding Flights: Starting May 7, 2025, REAL ID-compliant identification will be required to board domestic flights. Immigrants without it will need to use an alternative form of federally accepted identification, such as a passport or permanent resident card.
- Accessing Federal Facilities: REAL ID-compliant identification will also be necessary to enter certain federal buildings and facilities. Immigrants without such ID will need alternative documentation for access.
3. Verification and Documentation:
- Proof of Lawful Status: Immigrants must present proof of lawful status when applying for a REAL ID-compliant license or ID. This includes documents such as a valid visa, employment authorization card, or green card.
- Stringent Requirements: The verification process is rigorous, requiring multiple documents to prove identity, Social Security number, and residence. This can be a hurdle for immigrants who may not have easy access to all required documents.
Alternatives for Non-REAL ID Holders
For individuals who cannot or choose not to obtain a REAL ID-compliant license or ID, several alternative forms of identification can still be used for federal purposes. These include passports (both U.S. and foreign), which are valid for domestic air travel and federal facility entry, Permanent Resident Cards (green cards), and Employment Authorization Cards. These alternatives ensure that individuals can meet federal identification requirements without needing a REAL ID. It’s important to confirm the validity and expiration of these documents to avoid travel or access issues.
- Passports: Both U.S. and foreign passports are accepted for domestic air travel and entering federal facilities.
- Permanent Resident Cards: Green card holders can use their cards as identification.
- Employment Authorization Cards: These cards are also accepted for federal purposes.
How Dalal and Mehta Can Help
Understanding the implications and navigating the application process can be challenging, especially for immigrants. At Dalal and Mehta, Immigration Law Firm, Attorney Pooja Mehta and our experienced team are here to assist you. We can help you understand the requirements, gather the necessary documentation, and explore alternative options if needed.
If you have questions about REAL ID or need assistance with any immigration matter, don’t hesitate to reach out. Call us today at 732-283-7400 to schedule a consultation and let us help you navigate the complexities of immigration law with expert guidance and compassionate support.
