1/31/2008 - DHS Publishes Final REAL ID Rule

The U.S. Department of Homeland Security has published a final REAL ID rule, establishing what standards a state-issued drivers' license or identification card must meet before it will be acceptable as a form of identification by a federal agency. The final rule becomes effective March 31, 2008, and if a state chooses not to comply then the drivers' licenses and identification cards which it issues may no longer be accepted as valid identification for entering federal buildings, boarding aircraft, or any other purpose for which a federal government agent might first require identification.

The rule covers a range of issues, including which documents are to be accepted by states as initial proof by states in issuing initial identity documents, the features which must actually be included in an identity document to prevent fraud and tampering, and security standards for card issuing facilities.

Under the REAL ID Act, Federal agencies are supposed to require that state-issued drivers' licenses and identification card presented be compliant with the act by May 11 of this year. However, states are permitted to request extensions until December 2009 if they cannot comply with the requirements by then (likely given the late date at which these regulations are being released), and it is likely that the date will be extended in many if not all cases.

In addition, DHS has announced increased grant funding of $48.5 million additional dollars (beyond the $31.3 million already allocated) and extended the states' deadlines to apply for these grants.