The Real ID Act and Biometric Technology: A Nightmare for Citizens and the States That Have to Implement It

Congress passed the Real ID Act (‘‘the Act’’) in 2005 and will require all states to implement much more stringent controls on the issuance of driver’s licenses and identification. The states face a number of obstacles in implementing the requirements including a lack of funding, lack of federal support and training, and a rapidly approaching implementation deadline. Under the Real ID Act, the Department of Homeland Security (‘‘DHS’’) could require that each state-issued driver’s license contain biometric technology, but it has not yet announced the exact requirements that must be included for all new driver’s licenses. On March 1, 2007, the DHS issued its Notice of Proposed Rulemaking (‘‘NPRM’’) for the Real ID Act. The NPRM is not a final rule but a proposal that was submitted for public comment. Opponents of the Real ID Act had predicted that the DHS may have chosen to require biometric technology to be included in all new driver’s licenses to make it more difficult for terrorists or criminals to obtain identification cards. However, in the DHS NPRM, a state does not have to include biometric technology in its driver’s licenses to comply with the Act, although they are free to do so. If the DHS amends the NPRM to require biometric technology in all new state-issued driver’s licenses and identification cards, the technology is likely to experience rapid growth. As a result, biometric technology might become more reliable as its producers address the challenges encountered in incorporating the technology into new identification cards for millions of Americans.