Tag: REAL ID Act

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REAL ID Act to Take Effect May 7, 2025: What You Need to Know

REAL ID Act to Take Effect May 7, 2025 - What You Need to Know
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After several delays, the enforcement of the REAL ID Act — originally enacted in 2005 — will finally take effect in just a few weeks. It wasn’t until 2020, fifteen years after the law was passed, that all 50 states became compliant with its licensing requirements, which contributed to the prolonged delay in implementation. On May 7, 2025, the REAL ID Act will be fully enforced across the United States. For many non U.S. citizens— especially those who use state-issued IDs or driver’s licenses as their primary form of identification — this date is an important one. Here’s what you need to know, what happens if you don’t yet have a REAL ID, and what you can still do before the deadline.

REAL ID Act to Take Effect May 7, 2025 - What You Need to Know

The REAL ID Act

The REAL ID Act, passed by Congress in 2005, was designed to set federal standards for the issuance of identification documents, such as driver’s licenses and state-issued ID cards. It aims to enhance security measures after 9/11, making it more difficult for fraudulent documents to be used to access federal facilities or board commercial flights.

Starting May 7, 2025, you will not be able to use a standard state driver’s license or ID to board a domestic flight or enter federal buildings — including courthouses and military bases — unless it is REAL ID-compliant.

How Do You Know If You Have a REAL ID?

REAL ID-compliant licenses and ID cards generally have a star on the upper portion of the card. If your ID does not have this star, it may not meet federal requirements. Each state may look slightly different, but the star is a common indicator.

If you’re unsure, check with your state’s Department of Motor Vehicles (DMV) or look at your license to see if it bears the REAL ID star.

Why Does This Matter for Immigrants?

For many immigrants — especially those who are unlawfully present —your state ID may be your main form of identification. Without a REAL ID, you may:

  • Be denied boarding for domestic flights.
  • Be refused entry into federal buildings.
  • Face additional scrutiny when trying to access certain government services.

This is particularly important if you need to attend immigration court, visit USCIS field offices, or travel domestically within the U.S. for personal or legal matters.

Can Immigrants who are in Unlawful Status Get a REAL ID?

Unfortunately, most immigrants who are in unlawful status do not qualify for REAL ID-compliant licenses under federal law. States that issue driver’s licenses to immigrants with no legal status typically provide non-compliant IDs—which are only valid for driving but not for federal identification purposes like boarding flights or entering federal buildings. This is the type of IDs some States like the State of California issue to those with unlawful status and thus, are not REAL ID compliant.

If you are not in possession of a green card or a validly issued REAL ID compliant State ID, you will need to use alternative federally-accepted documents for travel or ID purposes, such as:

  • A valid foreign passport
  • A valid Employment Authorization Document (EAD)

For traveling purposes for example, the above documents like the passport issued by your country of national even if does not contain a valid visa will suffice as a form of identification for traveling purposes within the United States.

What You Can Still Do Before May 7, 2025

If you are eligible, here’s how to get your REAL ID before the deadline:

  1. Make an appointment at your local DMV.
    Many states are still experiencing delays, so book as early as possible.
  2. Bring the required documents, including:
    • Proof of identity (e.g., valid passport, Green Card)
    • Proof of lawful presence (e.g., I-94, work permit)
    • Proof of Social Security Number (SSN card, pay stub, W-2)
    • Two proofs of residency (utility bill, lease, etc.)
  3. Apply before May 7, 2025.
    Don’t wait until the last minute! Lines will get longer as the deadline approaches

Consult With Legal Counsel

Immigrants who are lawfully present in the U.S. should act now to avoid travel disruptions or problems accessing federal services. If you’re unsure whether you qualify or what documents you need, speak with your immigration attorney or contact your state DMV for guidance.

At Tancinco Law, we’re here to help our clients stay informed and prepared. Don’t wait until the last minute—May 7 is closer than you think.

If you have questions about your immigration status or your eligibility for REAL ID, schedule a consultation with our office today.

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If you would like to know how to set an appointment with Tancinco Law, click here.

Categories
Updates

REAL ID Enforcement extended for another year, or until October 1, 2021

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The Department of Homeland Security (DHS) announced that due to circumstances resulting from the COVID-19 pandemic and the national emergency declaration, their agency is extending the REAL ID enforcement deadline by a year. The new deadline for REAL ID compliance is now October 1, 2021. Below is the DHS rationale for this extension:

“The federal, state and local response to the spread of the Coronavirus here in the United States necessitates a delay in this deadline. Our state and local partners are working tirelessly with the Administration to flatten the curve and, therefore, we want to remove any impediments to response and recovery efforts. States across the country are temporarily closing or restricting access to DMVs. This action will preclude millions of people from applying for and receiving their REAL ID. Extending the deadline will also allow the Department to work with Congress to implement needed changes to expedite the issuance of REAL IDs once the current health crisis concludes.”

This extension means that for purposes of domestic flights in the United States, Transportation Security Administration’s (TSA) and airlines’ agents may still accept the Drivers licenses or identifications that are not REAL-ID compliant until October 1, 2021. And since there is a one year extension, those who are eligible to apply for a REAL ID compliant license must do so without further delay. Those individuals who do not have legal status usually are not granted driver’s licenses or identifications that are not REAL-ID compliant. It will also be prudent to seek ways on how to legalize immigration status if there are available legal options.

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Global Pinoy

What undocumented immigrants face with the REAL ID Act

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Until recently, California was one of many states that issued driver licenses or identification cards (ID) that were not compliant with the REAL ID Act. But recent developments indicate that the California Department of Motor Vehicle (DMV) will begin accepting applications for IDs and driver licenses that are compliant after January 22, 2018. Who are eligible to apply for these new IDs and licenses? Will undocumented immigrants be prohibited from traveling domestically if they are not in possession of the new IDs and licenses?

The REAL ID Act

In 2005, U.S. Congress enacted the REAL ID Act upon recommendation of the 9/11 Commission to set standards for the issuance of sources of identification, such as driver licenses. This law provided minimum security standards for state-issued driver licenses and identification cards. Federal agencies are prohibited from accepting the non-compliant licenses and identification cards for official purposes including in air travel, access to military bases, most federal facilities and nuclear power plants.

The purpose of the REAL ID Act is to prevent the fraudulent issuance and use of driver licenses and identification cards. Although it was enacted in 2005, its full implementation will not take effect until October 2020. In the meantime, many states are taking steps to establish rules that will make their licenses and identification cards compliant with the REAL ID Act.

States that are working to comply with the federal law have been able to get extensions until October 2018. For this reason, states like California, are ready to release new licenses and identification cards this year that contain security features.

Minimum Requirements

To be REAL ID-compliant, the state must incorporate anti-counterfeit technology into the card, verify the applicant’s identity and conduct background checks for employees involved in issuing driver licenses.

In verifying for a REAL ID-compliant ID or license, the applicant must fall under the following 9 categories:

  1. U.S. citizen or national;
  2. U.S. lawful permanent resident or lawful temporary resident;
  3. conditional permanent resident status in the U.S.;
  4. has an approved asylum application or entered in refugee status;
  5. has a valid, unexpired nonimmigrant visa;
  6. has a pending application for asylum;
  7. has pending or approved temporary protected status;
  8. has approved deferred action status or
  9. has a pending application for adjustment of status to that of lawful permanent or conditional resident.

It is apparent from the list that only applicants who have valid and lawful presence in the United States or who are not in violation of immigration laws are permitted to apply for state licenses that are REAL ID Act compliant. Those who are unauthorized immigrants or who have fallen out status may not be eligible to apply for the REAL ID compliant licenses.

Air travelers without the REAL ID licenses/ID

Passing through security at the airport during domestic travel requires acceptable identification documents. The Department of Homeland Security (DHS) has designated several acceptable forms of identification including passports, a border ID card, or, a trusted traveler card such as Global Entry.

In 2020, only REAL ID-compliant cards will be accepted for air travel and if a traveler is out of status or is in unlawful presence, the traveler should obtain alternative acceptable identification documents, which includes a valid passport issued by the government of which he/she is a citizen.

Generally, traveling with a passport with no valid U.S. visa stamp on it does not imply unlawful status. The DHS explicitly cautioned federal agents from assuming that non-possession of REAL ID-compliant identification cards indicate that the traveler is an undocumented immigrant. However, given the current political climate, the restrictive immigration policies and the heightened immigration enforcement rules, it may be a trigger for further inquiry if the TSA or any federal agent exercises discretion of the need to determine lawful presence.

In the meantime, considering the implementation of the law is not until 2020, there is no need to change travel domestically.

Instead, it is advisable to use this time to determine whether there are legal options that one may now undertake to obtain lawful status before the full implementation of the REAL ID Act.

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Also appears in: Inquirer.net