Needing (A Better) Real ID
By Greg L | 12 January 2009 | National Politics, Virginia Politics, Crime | 25 Comments
A recent article in the Washington Post demonstrates the problem that our currently lax methods of ensuring the validity of identification documents makes easily possible. In this case, a Virginia “Korean mafia” syndicate manufactured fake identification documents to facilitate the presence of illegal aliens that were used to help the syndicate engage in black market sales of untaxed cigarettes, run drugs, murder-for-hire, further document fraud, and establish and operate sweatshops. When it’s so easy to falsify documents, there’s little wonder that organized crime syndicates will avail themselves of the opportunities this state of affairs presents.
The agents then met a friend of Cho’s named Dong Young “Dereck” Shin, 47, who was in the business of selling Social Security cards, court records say. The cards were issued to Chinese nationals in the Mariana Islands to allow them to work, Ramsey said, but recipients were selling them, sometimes with passports of family information.
The Social Security cards were then used in the continental United States to obtain driver’s licenses and credit cards. And then mortgages. Special Agent Ashan Benedict said people were able to establish good credit scores by making timely payments for months or years, all under false identities.
The investigation also uncovered a Department of Motor Vehicles employee in Illinois who was knowingly providing fake driver’s licenses to people, often from Virginia. Those people would then trade the Illinois license for a legitimate Virginia license.
“Identity fraud really is a national security matter,” Benedict said. “They’re living here as a normal citizen. Is that the only thing they’re going to do? Or are they a sleeper cell, are they up for criminal activity?”
The Real ID Act is an attempt to close this gaping hole, albeit rather imperfectly. The concept behind this federal legislation is that states would conform to a set of common standards in identification documents and the procedures used to provide them to applicants, and that these documents could be verified using a national clearinghouse that would allow states to query each other to determine whether documents they’ve supposedly issued are actually valid. Of course when something involving so many technical and practical issues arrives in Congress and ends up being attached to a piece of appropriations legislation, the result ends up with lot of problems. The Real ID Act is written rather broadly, and a great number of critical implementation details, as well as the means of protecting the privacy of citizens, are left to unaccountable government bureaucrats.
These pretty substantial shortcomings have lead a number of elected officials, including Delegate Bob Marshall and Senator Ken Cuccinelli to sponsor legislation declaring that Virginia would refuse to participate in the requirements of the Real ID Act. I certainly can accept many of their concerns about this law, even while many of their allies depend on far too much hyperbole in attacking it, but I hope that the example here reinforces the need for reforming how states issue identification documents, confirm their validity, and share information with other states and the federal government when necessary. While this law needs some serious work, watching organized crime syndicates exploit weaknesses such as in this case should inspire them more to fix the problems that exist within Real ID than with a broad brush say the solution is simply to kill it. The status quo isn’t working for us one bit.
I had the chance to talk with Delegate Marshall about this, and I think he’s open to this approach. I would expect that Ken Cuccinelli would rather we establish a reliable means of issuing and validating identities at the state level and allowing them to exchange information with other states and the federal government as well, as long as the proper protections for individual privacy were in place and states remained in control of the identification information they had issued rather than the federal government. This shouldn’t be a matter of whether we get flawed legislation or nothing, it should be whether we get the quality legislation we truly need, or surrender to criminal syndicates and fake document mills. That’s not going to be an easy hat trick to pull off during an Obama administration, but getting consensus should be hardly impossible when the need for it is so consistently demonstrated.
UPDATE: Tonight Bob Marshall sent a detailed listing of the problems that exist within the current Real ID law, which is a very welcome comprehensive listing of what needs to get fixed. Hopefully this criticism will form the basis of some new legislation to address these problems, and get this important initiative back on track:
Deal ID Introduction - Legislative History
In July 2004, the 9/11 Commission recommended the following: “The federal government should set standards for the issuance of birth certificates and sources of identification, such as driver’s licenses.” In part, this was done because 9/11 hijackers used state ID cards and driver’s licenses as ID for boarding four commercial aircraft which they turned into bombs.
In December 2004, President George W. Bush signed into law the National Intelligence Reform Act of 2004 (P.L. 108-458) to implement the recommendation. The NIRA act required the U.S. Secretary of Transportation to establish a negotiated rule making process to establish minimum standards for state-issued driver’s licenses (DL) and identification cards (ID).
The negotiated rule making process was repealed with the enactment of an unrelated Iraq War funding measure “Emergency Supplemental Appropriation for Defense, the Global War on Terror, and Tsunami Relief, 2005” (H.R. 1268, P.L. 109-13), which included the “Real ID Act of 2005.”
The Real ID law which envisions modified licenses for 245 million drivers provides that Department of Homeland Security (DHS) approved identification would grant bearers entry to “Federal facilities, boarding federally regulated commercial aircraft, entering nuclear power plants.” The Act also added that the ID’s were required for “any other purposes that the Secretary shall determine.”
The first Congressional hearings on the operation of Real ID came two years after passage in 2007 in the US Senate committee. Another hearing followed in 2008.
Real ID Costs
In March, 2007 DHS estimated the cost of implementation at $23.1 billion over 10 years, of which $10 billion to $14 billion are costs to states. To date, Congress has appropriated only $90 million to assist states with implementation of the Real ID, of which only $6 million has been obligated. DHS later revised downward the initial cost estimates.
Public Opposition to Real ID
The broad and in part, unspecified purpose for Real ID has led many Americans across the political spectrum who would otherwise have very few political goals in common to conclude that the Real ID law was the precursor or legal authority for a National Identity card. Indeed, DHS regulations issued January, 2008 officially protest that the Real ID card is not a national identity card.
That has not quelled opposition from individuals and 42 state governments. The National Governor’s Association has opposed Real ID and at least ten states have passed laws stating they will not comply with Real ID requirements. And 32 states have petitioned Congress to rescind or significantly amend Real ID.
The Department of Homeland Security has established and then rolled back deadlines for compliance which suggests that the process for implementing the original law had not been well thought out. As of April 2008, all 56 U.S. states and territories had received an extension from DHS for Real ID implementation.
ID Cards and Illegal Immigrants
The Real ID will NOT significantly impact illegal immigrants from securing driver’s licenses or state ID’s because states can still issue non-Real ID compliant licenses and ID cards. The DHS regulations state: “A number of States issue or plan to issue licenses to individuals that cannot document lawful status. Other States are expected to allow individuals to hold both a driver’s license and identification card. Finally, a number of States have evaluated or expressed interest in offering REAL IDs as an additional, voluntary license. … Eight states currently issue licenses to undocumented
immigrants and will–most likely–continue to do so. These States are: Michigan, Maryland, Hawaii, New Mexico, Oregon, Utah, Washington, and Maine.” (For Final Real ID Regulations, click here.)
Security for Personal Identification Documents
The Real ID Act and the DHS regulations provide a floor for state DMV data collection, not a ceiling. Individuals in complying states will be required to present DMV officials with a copy of their birth certificate, social security number, address, financial tax forms (W-2, 1099, etc). This data is required to be available to all state DMV’s for electronic verification across state lines. That is all the information DHS requires to date, but this is an information floor, not a ceiling.
Real ID and Gun Purchases
When DHS’s final comments noted “One commenter voiced concern over possible expansion of the definition to include Federally licensed firearms dealers and that residents of non-compliant States could be blocked from purchasing firearms.”
DHS did NOT directly answer this observation. Instead DHS’s discomforting answer states: “DHS will continue to consider additional ways in which a REAL ID license can or should be used and will implement any changes to the definition of “official purpose” or determinations regarding additional uses for REAL ID consistent with applicable laws and regulatory requirements. DHS does not agree that it must seek the approval of Congress as a prerequisite to changing the definition in the future …” (page 5288)
Real ID Unnecessary for Boarding Airplanes
Real ID proponents claim proper identification of individuals is both necessary and critical for flight safety. However, DHS’s regulations acknowledge individuals can still board planes without a Real ID: “25% of the population already holds a valid passport and the Department of State anticipates that this figure will increase to approximately 33% in the next few years.\3\ Individuals with valid passports do not need to obtain a REAL ID as passports are likely to also be accepted for the same official purposes (i.e., boarding commercial aircraft) as a REAL ID.”
Proper ID and Terrorists on Planes
Secondly, DHS notes that: “The commenters are correct that the REAL ID rules cannot completely eliminate the possibility that an individual will commit an act of terrorism inside the United States.”
Individuals with proper ID can still represent a threat. NUMBERS USA, an anti-illegal immigration group which supports Real ID for immigration control purposes, recognizes that 17 of 19 terror suspects on September 11 could still have boarded the four airplanes.
Also, in December, 2001 although convicted shoe bomb felon, Richard Reid, had previously been prevented from boarding a plane because he could not answer security questions, the next day he was allowed to board American Airlines Flight 63 from Paris, France to Miami, Florida because he had a valid British Passport! (CNN.com 12/25/2001 Shoe Bomb Suspect to Remain in Custody)
Bomb sniffing dogs, chemical detection devices, security searches, removal of shoes, banning of bottles, and other “carry on” implements and baggage searches of passengers are more important than Real ID. Proper identification is useful to airport security guards ONLY if there is an accurate AND complete list of terror suspects, and the list is used to screen passengers which was not done on September 11. So the question remains, what is the real reason for the Real ID?
Domestic Violence Victims, Real ID Victims Twice
Virginia allows individuals in certain counties and cities an exception to the requirement that victims of domestic violence have their full ID information on a driver’s license. Congress has NO concern for these women as is clear from the regulations published by DHS: “Comment: Both States and victim advocacy groups objected to the full legal name requirement because the rule would not provide exceptions for victims of domestic violence. The rule would require that past names be included in DMV records, which would expose victims to danger. In addition, the SSA requires victims to change their names before changing SSNs and prohibits them from revealing previous names and SSNs. Commenters wrote that the proposed rule conflicts with this prohibition by requiring that the previous names be revealed as well as with the court orders under which many victims are granted new identities. Response: The REAL ID Act does not include any exceptions for victims of domestic violence not to provide their full legal names.” (page 5301, Federal Register, 1-29-08)
Personal Data In-Security
The Real ID act requires that data collected be stored on the Real ID card in a machine readable format. DHS admitted that citizens have valid concerns for the security of their personally identifiable information.
Nevertheless, here is what commentors and DHS said about third party use of the data, including gun ownership data. “Comment: Privacy groups and several States recommended laws limiting the collection and storage of Machine Readable Zone (MRZ) data by third parties. Several other States commented on the importance of accessibility for law enforcement and noted that the same information is available on the front of the identification cards in human-readable form. Some commenters wanted MRZ access restricted to law enforcement, while others supported also providing access for bars and liquor stores … One commenter opposed any indication in the MRZ that a person was an owner or buyer of firearms or was licensed to carry a firearm; the commenter also asked that DHS forbid the inclusion of this information unless required by State law.
Response: The REAL ID Act does not provide DHS with authority to prohibit third party private-sector uses of the information stored on the REAL ID card. … DHS is not aware of any current plans by Federal agencies to collect and maintain any of the information stored in the MRZ. If a Federal agency should decide to use the MRZ to collect and maintain personally identifiable information in the future, any such information collected from the MRZ will, of course, be subject to the protections of the Privacy Act …”(page 5304 Federal Register, 1-29-08)
Entrance to Federal Buildings
DHS acknowledges that individuals who do not possess a Real ID compliant license will still be able to board aircraft or travel in interstate commerce. The regulations note that: “Response: DHS does not agree that the REAL ID Act will hinder individuals’ rights to interstate travel. The REAL ID Act states that a Federal agency may not accept State driver’s licenses or identification cards for official purposes unless a State is meeting the requirements of the Act. At this time, the definition of “official purposes”’ includes boarding Federally-regulated commercial aircraft; no other form of transportation is included. Moreover, travelers will be able to use identification other than a REAL ID driver’s license to board an aircraft. While Federally-regulated commercial aircraft are a mode of transportation, the Act only prohibits Federal agencies from accepting a non-REAL ID license or card where a State-issued driver’s license is presented by the individual. Where individuals are allowed to board aircraft or enter Federal facilities with documents other than a State-issued driver’s license or identification (such as a passport or military identification card), neither the Act nor these rules change those processes and procedures.”
National ID Card
The most far reaching fears of citizens for both civic and religious purposes for the Real ID Act is the concern that the federal government may be issuing all persons a National ID card, much like the Soviet Union did for internal travel and oppressive state police purposes. Indeed, the DHS acknowledges fourteen times that citizens have this perception regarding the Real ID card, “DHS does not intend that a REAL ID document become a de facto national ID.” (page 5288 Federal Register, 1-29-08)
“The availability of better and more reliable security documents means that government and law enforcement officials have a greater opportunity to prevent terrorists and other unauthorized persons from gaining access to commercial airplanes and Federal facilities. … Establishing minimum standards for States to issue more secure licenses does not confer any ability on the government to monitor or track anyone, although it does improve the ability of the government and private sector parties to rely on the identity document an individual presents.”
Other Problems
DHS wants states to spend billions for five national database systems not all of which exist. Some are still in the design stage! Thus, their reliability for access and document and personal ID security have not yet been tested or deemed reliable, nor even funded by Congress! DHS is proceeding by lobbying various state bureaucratic and administrative officials and then attempting to demand compliance from state legislatures.
Unlike other federal programs which hold back education money or grant funds if states fail to comply, there is no monetary penalty for states which fail to meet the terms of the Real ID Act.
DHS regulations note that: “As detailed elsewhere in this document, the REAL ID Act is binding on Federal agencies, rather than on States. The rule would not formally compel any State to issue driver’s licenses or identification cards that will be acceptable for Federal purposes.” Indeed, the monetary penalty is for states which comply with Real ID because they will have to spend literally billions to change equipment and train personnel. Lastly, drivers and states will experience significant delays in license issuance and DMV office waits.
The opinions expressed here are solely the views of the author, and not representative of the position of any organization, political party, doughnut shop, knitting guild, or waste recycling facility, but may be correctly attributed to the Vast Right-Wing Conspiracy. If anything in the above article has offended you, please click here to receive an immediate apology.
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The new penalty for id fraud should be death(no exceptions, no plea bargains, no providing any type of break) There simply is too much of it going on by people who are in positions of responsibility and they do it because they realize the penalty for being caught is pretty weak and the risk is worth taking because of the financial gain they stand to make.
There needs to be a national standard for authentic identification which disallows any form of identification to illegal aliens in the United States. The ability for illegal aliens to use TIN’s needs to be ended immediately. Illegal aliens should not be able to buy houses, open accounts of any kind, or obtain any type of loan.
All types of identifications which “validate” illegal aliens in the U.S. need to be eliminated.
So what is the solution? Some type of federal reform is needed to establish guidelines for identification to be implemented in all states and U.S. territories.
He could make some cabbage on a college campus.
We need ID’s for my friends the Salvadorans!
DPortM said on 12 Jan 2009 at 10:01 am: Flag comment
There needs to be a national standard for authentic identification which disallows any form of identification to illegal aliens in the United States.
I could not agree with you more. However, due to our up-coming political situation (new liberal President and a Congress that is disfunctional, we will be seeing a total amnesty for ALL illegals in the near future. 20 million undeducated people added to our faltering economy means more added to the welfare and aid to dependent children rolls. Can this country truly afford this in addition to paying for their medical and children’s education. We are slowly (but surely) heading for third world status……. a place these people will feel at home with. Therefore, there won’t be any ILLEGAL ALIENS and the identification situation will be moot…..sorry to say!
Citizen Colgan said on 12 Jan 2009 at 10:48 am: Flag comment
We need ID’s for my friends the Salvadorans!
Don’t forget the Nicaraguans, Bolivians and Peruvians. Fair is Fair!:)
I love how all this is going down in MD:
http://www.washingtonpost.com/wp-dyn/content/article/2009/01/10/AR2009011002149.html
You reap what you sew.
Anon,
You forgot to add that those 20 million new “citizens” will also produce about 10 million or so new voters.
I wonder who they’re going to vote for?
So why do our “leaders” not only tolerate, but, by their inaction, encourage inavsion by the illegals? Some of them hope that they will meld as did the Irish and Italians and Vietnamese. The flaw in this reasoning is that they do very poorly in school as compared to previous waves of [legal] immigrants. Let’s face it. It’s not the intelligentsia swimming the river or standing outside of the Coverstone 7-11. This is not a problem of the first generation only, in which case it might eventually cure itself, but of later generations also. It looks innate, or at least as if it will continue. Then what?
Then they will have no choice but to be waiters and garbage collectors. The first generation will tolerate it, happy to be making what seems to them good money compared to the cesspool they left. A few will succeed and move up. Most won’t. The second generation, relegated forever to jobs of low pay and less esteem, will become resentful. Inevitably they will see the relegation as indicating discrimination, not incapacity. The young, unable to compete, will gravitate toward others who can’t progress and we will have a permanent underclass. An underclass that you and I, as middle class taxpayers, will have to support with schools, hospitals, affordable housing, etc. A class that you and I, as middle class urbanites and suburbanites, will forever be the victims of due to the criminality inherent in such an underclass. But it’s also an underclass from which the privileged few will draw their gardeners, chauffeurs, maids, waiters, waitresses, and concubines. A permanent slave class for the wealthy subsidized by you, the average American.
Where there is a cesspool dweller, there is a cesspool.
Advocate,
In other words, we will become another Mexico. Mexico is a nation rich in natural resources, has a large population, has favorable weather, has a high number of millionaires. Yet because of their Government system, they are a “poor” nation.
CoM:
Si. With all its crime, overcrowding, garbage strewn streets, witchcraft, corrupt government, and garrish lawn ornaments. Coming soon, to a mall near you, courtesy of all your elected politicians who are allowing it to happen.
The only people afraid of being identified are criminals.
Mando,
Amen to your comment. I can’t wait to see what happens there as things get worse and worse.
Greg Nice of you to report on criminal activites other then just the Latino’s. Do you have any thougts on the Korean Dry Cleaners Association or do you think that is just some hard working legal immigrant trying for the better life in America ? Of course there is no money laundering or immigration activity going on here is there. Of course thanks to Stewart and the BOCS they have it made at our expense. They get to charge the public from 30 to 100 % more for dry cleaning with out any competetion as the BOCS stopped fixed price dry cleaners can not open any stores as there stores are larger then 3,000 sq ft. If you only had any idea of what goes on in the change of owner ship of gas stations and repair shops and more.
Why do you like for the people of PWC to get shafted like this?
We might turn into a third world country with a permanent underclass of people who swim in the water by the water treatment plant(bring the boogie board) and spray paint gang graffiti not on only public property but peoples private property and they rape and kill for fun. But on a positive note O’holybama is going to give us free money and semi adequate health care.
The problem with the real id is that we are a free people. I don’t like the idea of it. Why not just start putting our pictures on social security cards? Wouldn’t that do the same thing. Honestly I don’t want to carry anything else around with me. Its all a scam by government to have more control over our lives. they are scaring us into submission. The real ID is just another excuse to tax us more.
Ted said on 12 Jan 2009 at 1:44 pm: Flag comment
Anon,
You forgot to add that those 20 million new “citizens” will also produce about 10 million or so new voters.
I wonder who they’re going to vote for?
I also neglected to mention that because of “chain immigration” and the fact that they will be able to bring into this country their relatives, it is estimated that the population will grow another 150 million people. Something to look forward to HUH?
Advocator said on 12 Jan 2009 at 2:22 pm: Flag comment
So why do our “leaders” not only tolerate, but, by their inaction, encourage inavsion by the illegals?
California is a prime example of what will happen if amnesty is granted. That State is bankrupt and is proposing sending out IOUs instead of tax refunds. GO ARNIE!
Real ID - and then what.
When the workers went to clean Chertoff’s house, they ran a criminal check on them - only thing is that they were not who they said they were, but at least the forged doc’s were not for wanted criminals. So much for Real ID when the Secret Service does not verify identity before running a criminal check. I wonder who cleans the WHite House?
Realistically, we need a National Identifier. We have one, it is called your SS number, but one cannot use that as an Identifier. It also does not prove who you are, as it is issued (for born in America) at birth.
Here is an article that admits people are moving away from the land of fruits and nuts because of illegals.
http://news.yahoo.com/s/ap/20090112/ap_on_re_us/fleeing_california_3
I especially enjoyed the last sentence, lamenting the fact that their children couldn’t afford to live where they grew up. I grew up in Falls Church and bought a townhouse in Manassas in 1990 because that’s the closest I could be to my job and afford to buy a home. California’s issues are nothing new; look at Detroit. Poorly managed governments are not new. X amount of taxpayers can support x amount of social programs. Illegal aliens and the disadvantaged flock to the places where social programs are abundant (Katrina-Houston). When the programs outspend the taxpayer’s ability to support them, they collapse. Then, the taxpayers leave. Those states and cities who see the writing on the wall and work to curtail the presence of illegal aliens and the programs that enable them are labeled as racist. The well is not bottomless, folks. Sooner or later, you have to shut the door because there is no more room at the table. I was paying $5,000 a year in taxes when I left Manassas for Yorktown, VA. That has dropped to $1,200 for a similar valued home. Low crime, good schools, few illegal aliens or apologists. I miss my friends in Manassas. Until we recognize that the wishes of the majority outweigh the wishes of a few bored liberal apologists with short attention spans, the standard of living will continue to deteriorate in America until all of our cities are slums.
Real ID is a real bad idea. Once again the government tells the governed that surrendering yet more freedom leads to a safer country. The tools available have not been properly utilized, new and improved will yield similar results. Let’s stop blaming the tools and take a hard look at the people elected and appointed to use them.
Citizen-I agree that the existing tools are not being used. Had Congress allowed the INS of old to enforce the law and supported them with budget and personnel, we would not be where we are. I disagree that Real ID surrenders any freedoms. What freedoms? Anonymity? As I posted earlier, the only people who fear being identified are criminals. A standardized Identification document is good. I also agree about our elected officials. Feet must be barbequed and given walking papers. Appointees only do as they are told.
Citizen,
I agree. That is why the shame “immigration reform” bill did not pass. The only thing the bill would have done is granted amnesty. As you point out, we have laws against illegal immigration. Enforce them and we would not need to have a “reform” bill.
Real ID was not openly discussed and debated but snuck through on the tail of bill providing tsunami relief. It violates our 1st, 4th and 10th amendments. It will be used for not only verifying your identity but tracking your every move, every purchase, entire credit history, medical history …the list goes on.
The access to this information will not be limited to a few but thousands. It will be accessible to people outside of the U.S. Government. It will be available to foreign governments, retail outlets as well as identity thieves.
Homeland Secretary Chertoff has said:
In an opinion column written by Secretary Chertoff after the publication of the final rule, he said, “embracing REAL ID” would mean it would be used to “cash a check, hire a baby sitter, board a plane or engage in countless other activities.”
….Secretary Chertoff also indicated that the REAL ID card would be used for a wide variety of purposes, unrelated to the law that authorized the system, including employment verification and immigration determination. He also indicated that the agency would not prevent the use of the card by private parties for non-government purposes. As part of the cost-saving effort, Homeland Security has decided not to encrypt the data that will be stored on the card.
http://epic.org/privacy/id-cards/#hist
Real ID: Connecting the Dots to an International ID
by Sam E. Rohrer, PA State Representative
Ben Franklin has famously stated, “People willing to trade freedom for temporary security deserve neither and will lose both.” REAL ID undoubtedly exemplifies a scenario in which a difficult tension exists between freedom and security. By commandeering every state’s driver’s license issuing process, REAL ID threatens the results warned by Franklin - loss of both freedom and security.
http://www.freedomadvocates.org/articles/police_state/real_id:_connecting_the_dots_to_an_international_id_20081020327/