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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After several delays, the enforcement of the REAL ID Act — originally enacted in 2005 — will finally take effect in just a few weeks.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.

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Global Pinoy

Undocumented’s options – depart voluntarily or be detained

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Two weeks ago, Rey Galleon, a Filipino who had been residing in unlawful status for several years, was arrested by ICE and decided to depart “voluntarily” to avoid being incarcerated.

According to Galleon’s public statement, the ICE officers gave him the choice of leaving voluntarily or staying in jail for up to six months. For fear of being detained for six months, he chose to depart.

Will the case of Mr. Galleon be a common occurrence for 300,000 Filipinos who are undocumented?

Mandatory detention

Any person who is in the United States is entitled to due process rights under the U.S. Constitution. This includes anyone who is present in the United States in unlawful status. The constitutional protections of due process and equal protection are not limited to U.S. citizens; they also apply to every person regardless of immigration status.

Generally, this means that the right to legal counsel and to a hearing should be afforded a person. While these rights exist, ICE officers may continue to detain a person while awaiting a court hearing. This happens in particular cases where the law limits the exercise of this right to certain individuals who are subject to mandatory detention and those who are arriving aliens.

The following persons are subject to mandatory detention:

  1. those who have criminal inadmissibility grounds;
  2. those with convictions of multiple crimes of moral turpitude, aggravated felonies and controlled substances among others;
  3. those who are inadmissible based on terrorist activities.

Arriving aliens also may not be granted bond hearing and could remain in custody until removed. The law defines an arriving alien as one who is coming to the United States at a port of entry or are seeking transit through the United States at a port of entry.

Release on bond

If an individual is not subject to mandatory detention or is not an arriving alien, either the ICE sets the bond or the immigration judge decides whether an individual is subject to release on bond. Until the arrested individual is heard, he remains incarcerated unless ICE makes a determination of a release on bond.

Generally, ICE counsel will not object to a release on bond if the individual is not a flight risk and other factors exist to show that the individual will appear on the date set for hearing. There is a lot of discretion on the part of the immigration judge on whether the individual is released on bond. It is also during these times when the detainee decides to just depart instead of staying in jail to await the hearing before the immigration judge.

While those who are in unauthorized presence are lumped into one category as being “undocumented,” each case will be treated differently depending on the circumstances of each case.

Given that the DHS has been given additional resources to enforce immigration law not only against those with criminal convictions, but also anyone who is found to be in unlawful status, it is important for those concerned to make timely informed decisions.

Should they decide to stay, they have to know the risks and prepare themselves to take legal steps when ICE comes knocking at their doors. The risk involves incarceration until released on bond. If they are not willing to take the risk, then the difficult decision to depart voluntarily becomes imminent.