Our View: Real ID Act has been a real fiasco

One of the deadlines has passed for states to comply with the so-called Real-ID Act, which would force state driver's licenses to comply with certain federal standards and put personal data into a database accessible by thousands of government employees. The Department of Homeland Security has agreed to pretend that several states that are actively resisting the act's unfunded mandates are actually taking steps toward compliance, and has granted them waivers, mainly to save face. A better course would be for Congress to admit that the act was a mistake and repeal it.

Enacted in 2005, the Real ID Act was a knee-jerk response to the threat of terrorism, specifically to the fact that the 19 9/11 hijackers had state driver's licenses, some fraudulently obtained. If we tighten up the requirements, went the rationale, and require more secure identification — like an original copy of a birth certificate — maybe we can make things a little tougher for future would-be terrorists.

But there is no popular constituency for a national ID card beyond a few determined bureaucrats, and even as degraded as understanding of the Constitution is, the federal government has no power to require state governments to issue driver's licenses in a uniform fashion.

But federal officials have a lever. Under the legislation, a Real-ID form of identification will be required to enter federal facilities, such as federal courthouses, or to use federally regulated forms of transportation, like airlines. That's a big hammer. If states don't fall into line, their residents might not be able to board a commercial airliner.

The act also, of course, allows the secretary of Homeland Security to require such an ID for "any other purposes that the secretary shall determine." There's already talk of requiring one to open a bank account, and one assistant secretary has proposed requiring the ID for cold medicine. Yep, cold medicine.

The big trouble is that there's no evidence that this Draconian act, even if fully implemented, would be more than a minor inconvenience for a determined terrorist. Even worse, having all that information — including copies of birth certificates and Social Security cards — available in one database would make an irresistible target for identity thieves. And it would be a major inconvenience for millions of innocent Americans and a major expense for state governments — meaning taxpayers.

The Department of Homeland Security estimates it will cost states $3.9 billion to comply with the act, but the National Conference of State Legislatures pegs it at more than $11 billion; 17 states have passed laws or resolutions opposing Real ID. In California, Assembly Joint Resolution 51 is pending.

In the Senate Judiciary Committee on Wednesday, Chairman Patrick Leahy of Vermont criticized the Department of Homeland Security for "bullying" the states over Real ID. He and others should bite the bullet and repeal this useless, intrusive, money-wasting law.