Real ID: An Unconstitutional License?

Starting in 2025, U.S. travelers must be REAL ID compliant to board domestic flights and access certain federal facilities. Photo by NCDOTcommunications.

On May 7, 2025, the new REAL ID rule will require that all U.S. travelers must be compliant in order to board domestic flights and access certain federal facilities. For many Americans, a trip to the DMV to replace their identification to comply with REAL ID status might be an unnecessary disruption to their day. However, for those who do not benefit from the full privileges of American citizenship, a trip to the DMV is far more worrisome. While the Department of Homeland Security presents these changes as a necessary safety protocol, REAL ID policies unjustly target undocumented immigrants. The REAL ID Act, passed by Congress in 2005, was conceived under the recommendations of the 9/11 Commission, and urged that there be a federally mandated source of identification. The use of non-compliant licenses and identification cards for official reasons—such as air travel, access to military bases, and use of some federal facilities and nuclear power plants—is now prohibited. The REAL ID rule will create two categories of identification: the REAL ID License and a Standard License. The crucial difference lies in the process of getting these identifications: to obtain the REAL ID license, the applicant must be able to prove legal status in the U.S.  

This announcement has caused concern among undocumented immigrants in 18 states and the District of Columbia who until now have been able to obtain authorized licenses under their respective state laws. California, Maryland, New Jersey, and several other states allow undocumented immigrants to obtain licenses regardless of their current legal status in the U.S. The requirements for an authorized license in these states consist of translated foreign birth certificates, foreign passports, consular ID cards, and proof of residency in the applicant’s state. Once REAL ID goes into effect, however, these standard licenses will lose a lot of their value, and undocumented immigrants across the country will be unable to use standard licenses for activities such as taking domestic flights. 

The often overlooked right of air travel that American citizens indulge in is one that undocumented immigrants only recently were granted the authorization to partake in. Traveling domestically as an undocumented immigrant was only possible due to the aforementioned states’ issuance of licenses without the need for a social security number. From 1993 to 2022, immigrants were able to travel freely with state-issued licenses—a right that in 2025 will be stripped away. Even more, when REAL ID takes effect, undocumented immigrants will face real, tangible consequences such as loss of work or inability to see family. Unless they can provide a passport or a REAL ID, unauthorized immigrants will be stripped of their rights to travel. 

As of now, the Transportation Security Administration still considers state-issued driver’s licenses or other state photo I.D. cards issued by the Department of Motor Vehicles to be valid identification. However, it is noted on the Transportation Security Administration’s website that the only compliant license after May 7, 2025, will be the REAL ID. Of course, there are other forms of identification on the list, such as a U.S. passport or passport card. However, REAL ID is far more inaccessible than state-issued licenses for the general population because it requires proof of U.S. citizenship, lawful permanent residency or temporary lawful status in the U.S. This disproportionately affects immigrants with limited documentation. There are an estimated 11.4 million unauthorized immigrants who will now have to confront the challenge of obtaining the mandated REAL ID. 

Another point of contention on the REAL ID legal status requirement is the fact that law enforcement units will have the ability to make judgments on the lawful status of an undocumented immigrant based on the ID they present. This implementation of the REAL ID will create a clear dichotomy between legal statuses and create tension between undocumented immigrants and law enforcement agencies. This is a clear public safety issue for undocumented immigrants who will be reluctant to cooperate with a law enforcement officer out of fear. Furthermore, the intertwining of national immigration law into the state level Departments of Motor Vehicles has the potential to increase prejudice within agents. This may occur as a result of agents determining who has lawful status to obtain the REAL ID, in contrast to the current  procedure of issuing standard driver licenses in which status information is not as readily available to the agent. This distinction between licenses is altogether detrimental to undocumented immigrants on a national scale and creates an atmosphere of discriminatory biases. 

While many undocumented immigrants have worked in and contributed to this country for decades, legislative progress toward granting them legal status has been excruciatingly slow. The stringent requirements to gain legal status within the United States are a limiting factor that disqualifies many immigrants. Furthermore, undocumented immigrants are often barred by federal law from applying for legal status while already residing in the U.S. Another shortcoming for immigrants in the process of obtaining legal status is caused by an accumulation of residency applications. This directly impacts more than 80 percent of undocumented immigrants who have lived within this country for over 10 years without authorization. Due to the inadequate reality of the current immigration system, the introduction of state-issued licenses was a step in the right direction––one that REAL ID threatens to reverse. 

Make no mistake: REAL ID has real consequences for undocumented immigrants in the United States, and the impact it will have on the everyday lives of these communities constitutes a real human rights issue. As a nation, we must pay attention to the detrimental impact that REAL ID will have on millions of undocumented immigrants. 

Francine Diaz is a Staff Writer at CPR and a second-year at Barnard College studying Political Science and Human Rights. She is both a writer and a fighter as she is usually found training Brazilian Jiu-Jitsu during her free time.