Newsday.com
Q and A: Undocumented immigrants' licenses and Real ID Act
October 25, 2007

While Gov. Eliot Spitzer's plan to grant driver's licences to undocumented immigrants has drawn criticism from state and local officials, the federal Homeland Security Department has not raised objections. That's because it says the plan would not interfere with the federal Real ID Act of 2005, which requires states to issue tamperproof licenses to legal residents.

Under that law, states may also issue noncomplying licenses, so long as these have a unique design and a clear statement that says they will not be accepted for federal identification. But homeland security officials are looking at whether the plan might interfere with enforcement of immigration laws.

So the state would have to issue two kinds of driver's licenses?

Yes, under Spitzer's proposal, which is scheduled to take effect in December, the state will issue driver's licenses to undocumented immigrants, which would give them the right to drive legally. That license will look different than licenses that comply with Real ID and would not be accepted by federal authorities, for instance, to board federally regulated commercial aircraft or to enter a federal building.

Why can't undocumented immigrants get a regular driver's license?

Because to get a Real ID-compliant driver's license, you must prove you are in this country legally, that you have a Social Security number and that you are who you say you are.

What is the Real ID Act?

Intended to make the country less vulnerable to terrorism by making it harder to counterfeit identification, the law sets national standards for state-issued identification, including driver's licenses. It was passed after the 9/11 Commission recommended that Congress make identification documents less prone to forgery.

When will that happen?

It was originally slated to take effect in May of next year, but the deadline has been extended to Dec. 31, 2009, because the federal government has yet to issue final regulations. The changes are supposed to be completed by 2013.

Will the two licenses look different?

Yes, the driver's licenses for undocumented immigrants will clearly state they are not acceptable for federal identification purposes and use a unique design or color.

What makes the Real ID less likely to be counterfeited?

The final regulations have yet to be issued, but proposed rules include elements such as special card stocks, printing methods and laser engraving of tactile features to prevent a photographic overlay.

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