|
By
Tyler Moran
Employment Policy Director
Since the government of Maine passed a resolution in January to
reject implementation of the
REAL ID Act, four states have followed Maine’s lead by opting out of
REAL ID, placing conditions on their participation in the law, or urging
Congress to repeal it. In addition to Maine, states that have passed
REAL ID legislation include Arkansas, Idaho, Montana, and Washington.
Idaho became the second state to refuse to comply with the REAL
ID Act when it passed a resolution to that effect on March 8. The
resolution states that “it is the policy of the state of Idaho to oppose
any portion of the REAL ID Act that violates the rights and liberties
guaranteed under the constitutions of Idaho and the [U.S.,] including
the bill of rights.” The resolution also urges the Idaho congressional
delegation to support measures to repeal the REAL ID Act.
On March 28, Arkansas passed two resolutions regarding REAL ID.
The first one urges Congress and the U.S. Dept. of Homeland Security
(DHS) to add critical privacy and civil liberties safeguards to the REAL
ID Act, and to either fully fund the implementation of REAL ID or
suspend its implementation to avoid the “significant problems it
currently poses to state sovereignty.” The second resolution asks
members of the Arkansas congressional delegation to support the repeal
of the REAL ID Act.
Most recently, Montana and Washington passed anti-REAL ID
legislation. On April 17, Montana enacted a law that directs the state
not to implement the REAL ID act and requires the state motor vehicle
agency to report to the governor any attempt by DHS to secure
implementation of REAL ID. On April 18, Washington enacted a law that
prohibits the state from expending funds to implement or comply with the
REAL ID unless certain conditions have been met. The law also
authorizes the state’s motor vehicle agency and the office of financial
management to analyze the “costs and burdens” to the state of
Washington, and to applicants for drivers' licenses, of complying with
the requirements of the REAL ID Act. The law also authorizes the state
attorney general, with approval of the governor, to challenge the
legality or constitutionality of the REAL ID Act.
At least 24 other states are also considering opting out of REAL
ID, placing conditions on their participation in the law, or urging
Congress to repeal it. A table that lists and summarizes these
proposals, “2007 State REAL ID
Legislation,” is available on NILC’s website.
|
