Real IDArizona voted against complying with Real ID, and state residents now face the consequences

In 2008, Arizona lawmakers passed a bill (HB 2677), signed by then-Governor Janet Napolitano, prohibiting the state from complying with the Real ID Act. The bill read: “This state shall not participate in the implementation of the Real ID act of 2005,” says the Arizona law. “The department shall not implement the Real ID act of 2005 and shall report to the governor and the legislature any attempt by agencies or agents of the United States Department of Homeland Security to secure the implementation of the Real ID Act of 2005.”

Under the federal act, states must issue federally approved driver’s licenses and identification cards in order for residents to gain access to restricted parts of federal buildings. Arizona is one of eleven states which are noncompliant with the law, while thirty-nine states and four territories are either in compliance or have requested an extension, which allows their residents to use their current identification cards for access.

The Cronkite News reports that the first phase of enforcing the DHS-backed act began on 21 April, for anyone trying to get access into restricted areas of DHS’ headquarters in Washington. The second phase began on 21 July, limiting access in federal facilities and nuclear power plants, and the third phase which will include all federal facilities will go into effect on 19 January 2015. Residents who do not have a Real ID will need a passport, a second form of identification, or an “enhanced” driver’s license. DHS is reviewing whether to require Real IDs for commercial air travel by 2016. “It becomes a real problem when we start talking about travel and air travel because you’re going to need to have a valid ID,” said Arizona State Senator Debbie McCune Davis (D-Glendale), who voted against HB 2677. “That’s going to put a burden on the average citizen to have a passport in addition to a state-issued ID in order to meet these requirements.”

A number of Arizona legislators voted to prohibit the Real ID Act because of privacy concerns. “When you give government too much access to a person’s private information, you open up the potential for abuse, and we have seen that abuse in the past,” said former state representative and now U.S. Representative Kyrsten Sinema (D-AZ9). “Real ID takes away a person’s inherent right to privacy. These are rights we hold very dear as Americans.”

The act orders states to issue driver’s licenses and identification cards which include current information including full name, gender, date of birth, and a photo, but to also implement security features meant to deter tampering such as cross referencing applicants with Social Security records.

DHS has authorized grants to help states implement the act and has prohibited federal agencies from accepting identification from states that are noncompliant with the act.

“I think Arizona residents will be quite surprised to discover that their state-issued identification doesn’t work at federal facilities,” Davis said.