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, passed by Congress in 2005, sets federal standards for the issuance of state-issued driver’s licenses and identification cards. The purpose of the act is to enhance the security of these forms of identification to prevent fraud and ensure they meet certain federal standards.
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 for REAL ID 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 those who cannot or choose not to obtain a REAL ID-compliant license or ID, there are alternative forms of identification that can be used for federal purposes:
- 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.
