OKLAHOMA - After numerous extensions, it appears that Oklahoma, along with four other states, is going to be up against the latest deadline for compliance with REAL ID, an act originally passed by Congress in 2005 to establish clear, concise, repeatable and safe standards for the issuance of driver’s licenses and identification cards nationwide.
STATE STANDARDS
Prior to the REAL ID act, each state was allowed to set and regulate its own standards for driver’s licenses and identification cards with the rest of the nation and the federal government recognizing them nationwide as valid forms of identification.
Following the attacks of September 11, 2001, the 9/11 Commission recommended that the Federal Government “set standards for the issuance of sources of identification, such as driver’s licenses.”
This recommendation was codified by the REAL ID Act of 2005, which established “minimum security standards for license issuance and production and prohibits Federal agencies from accepting for certain purposes driver’s licenses and identification cards from states not meeting the Act’s minimum standards,” according to the Department of Homeland Security.
PHASING IN
Multiple stages of compliance were set. Federal agencies were not to accept identification from non-compliant states as of 2008, with full compliance expected no later than 2014.
BACKLASH
The implementation of the REAL ID Act met extreme backlash by states nationwide over two main points: one, the cost of upgrading legacy systems and requiring the re-issuance of new cards; and two, concerns regarding both privacy and the idea that the Federal Government was attempting to establish a ‘national identification card’ for tracking of all citizens.
Media outlets in Maine have documented that the state was the first state to vehemently oppose the adoption of REAL ID in 2007, with its legislature calling for the repeal of the law due to it being a massive unfunded mandate against the states, with estimates that it would cost Maine taxpayers upwards of $185 million to enact and enforce.
OKLAHOMA OPPOSITION
By 2009, 38 states and territories had either passed legislation or publicly opposed REAL ID, including Oklahoma.
Few states took to early adoption, with North Carolina leading the way. Groups on both sides of the aisle opposed the act for different reasons.
Conservative groups saw the act as violating their privacy, while organizations such as the AFL-CIO and ACLU voiced concerns regarding the rights of trans-gendered people and effects on immigrants. New Jersey, despite its legislature being against the act, moved forward with a plan to implement REAL ID by 2012 but was stopped by a temporary restraining order filed by the ACLU, and the state settled its suit with them in October 2012.
New Jersey remains one of the five states that have not enacted such policies.
As the Department of Homeland Security began issuing grant monies for the implementation of REAL ID and provided extensions for compliance, states finally followed suit.
HALF OF STATES
COMPLIANT
By 2015, over half of the states and territories were in compliance. Oklahoma’s state legislature waited until 2017 to pass a bill requiring the state to take the necessary steps to become compliant.
While many states were able to become compliant in mere months, Oklahoma continues to be granted extensions for full adoption.
T h e current deadline could be in reach, but the Sooner State is expected to not be fully operational and able to issue compliant driver’s licenses and identification cards until late spring 2020 at the earliest. This will make it very difficult for the majority of Oklahoma citizens to get REAL ID compliant cards prior to October 2020.
OKLAHOMA CHALLENGES
A few reasons Oklahoma is taking longer than many other states are two-fold. One, many other states were already issuing compliant identifications or started the process over a decade ago; two, Oklahoma does not issue these from a centralized location, a requirement for the safety and security of the issuance of identification cards by the REAL ID Act. Currently, tag agencies issue driver’s licenses and identification cards, which makes them too easy to obtain. By issuing them from a centralized location to be mailed out within 7 to 10 days, Oklahoma will be better able to ensure the security of the issuance of such cards.
HOW WILL THE REAL ID
ACT AFFECT
OKLAHOMANS?
Assuming the current deadline of October 2020 is not extended, current Oklahoma driver’s licenses and identification cards will no longer be accepted as identification by the Federal government - meaning it would not be valid for air travel, entrance into federal buildings or getting on military bases.
Many groups continue to oppose the transition, with the Airports Council International-North America, which represents local, regional and state governing bodies that own and operate commercial airports in the United States and Canada, raising major concerns for the act.
“It’s a much more intensive process in terms of paperwork to get a compliant license than a non-compliant license,” said Christopher Bidwell, senior vice president of security for ACI-NA. That’s almost a disincentive for people to get a compliant license.”
COMPLIANT CARD
REQUIREMENTS
Under REAL ID, to obtain a compliant card you must provide the following:
• A photo ID, or a non-photo ID that includes full legal name and birthdate.
• Documentation of birth-date.
• Documentation of legal status and Social Security number, as well as documentation showing name and principal residence address such as a utility bill.
STATE REQUIREMENTS
The State of Oklahoma website notes that there are 43 total requirements that must be met by states to be in full compliance.
Oklahoma currently is in full compliance with 30 of those requirements, partial compliance with 12, and only one non-compliant.
The one non-compliant is the final certification letter that the state can’t complete until it has the system in place to issue the documents.
Information from websites of USDHS, DPS, TSA and Homeland Security were also used as sources for this report. Information from a press release issued by Global Business Travel Association was also referenced, including the Oklahoma state website.
The current deadline could be in reach, but the Sooner State is expected to not be fully operational and able to issue compliant driver’s licenses and identification cards until late spring 2020 at the earliest. This will make it very difficult for the majority of Oklahoma citizens to get REAL ID compliant cards prior to October 2020.