When will you need a REAL ID? It may be complicated
(NEXSTAR) — A program that is intended to enhance U.S. travel requirements, which has been delayed multiple times, is scheduled to take effect in May 2025. Hiccups during the initial rollout may, however, cause the full enforcement to be delayed again.
Following the 9/11 terrorist attacks, a special commission recommended the federal government enact certain minimum security standards for driver’s licenses and identification cards. In 2005, Congress passed the REAL ID Act to do just that.
As part of the REAL ID Act, federal agencies, like TSA, are prohibited from accepting state-issued IDs that don’t meet the federal minimum standards, according to the Department of Homeland Security (DHS). This means that if you don’t have a REAL ID by the current federal deadline, you won’t be able to fly domestically, visit certain federal facilities, or enter a nuclear power plant.
Previous deadlines for the REAL ID were pushed back multiple times during the COVID pandemic, with the current date set for May 7, 2025.
Many states have been issuing REAL ID-compliant licenses and IDs for years, which means you may already have one in your wallet. Still, data from DHS shows only about 56% of driver's licenses and state IDs were REAL ID-compliant as of January 2024.
In 22 states, that total is under 40%, the TSA explained in a proposed rule submitted Thursday.
The low rollout, paired with concerns that another deadline delay may reduce the "urgency to obtain a REAL ID," prompted the proposed rule, which calls for a "phased enforcement" of the special ID cards.
According to the TSA, using a phased enforcement approach "would provide federal agencies with necessary flexibility to begin enforcement" on the May 2025 deadline "in a manner that takes into account security, operational risk and public impact."
A phased enforcement approach instead of full enforcement this coming May could also prevent an overwhelming surge, backlog, and delay as Americans rush to their local DMVs to get their REAL ID.
The proposed plan offers a variety of phased enforcement approaches, including the model the DHS views as "best suited for most agencies": the informed compliance model. Using this method, those trying to board a flight or enter a federal facility after the May 2025 deadline could be given a written and verbal notice if their ID is not REAL ID-compliant. That notice would advise them on their non-compliance, steps to get a REAL ID, the consequences they could face with a non-compliant ID, and when the agency will move to the next enforcement stage or full enforcement.
The phased approach, the TSA explains, could vary based on the agency's operations. Those without a REAL ID after May 5, 2025, could, for example, "face delays at airport security checkpoints."
While it does not extend the current REAL ID deadline, the TSA explains it would require agencies to "achieve full enforcement by May 5, 2027."
While the TSA expects more people will get REAL ID-compliant driver's licenses and state IDs, it warned agencies requiring such IDs at the May deadline could face confusion, delays, and security risks without a phased enforcement approach.
“REAL ID provides an important security enhancement, and this rule allows us to plan for a range of scenarios to help minimize the potential impact to travelers, industry stakeholders and states during implementation," TSA Administrator David Pekoske said in a press release.
There is currently a comment period on the proposed rule, which is open until mid-October. Until then — and likely regardless of whether or not the rule is enacted — you'll need a REAL ID in order to fly domestically or enter certain federal facilities by May 7, 2025.
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