REAL ID: Think You Don’t Need It? Think Again.

By Elyse Dillard, Content Specialist at LegalShield

With insights from Mike Fiffik, Managing Partner of Fiffik Law Group, PC

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In today's increasingly security-conscious world, identification requirements are becoming more stringent across the United States. Among these changes, the REAL ID Act represents one of the most significant shifts in how Americans identify themselves.

But what exactly is REAL ID, when will it take full effect, and how might it impact your daily life? This comprehensive guide answers these questions and more, with insights from Mike Fiffik, Managing Partner of Fiffik Law Group, PC, with law offices in Pittsburgh and Philadelphia, PA.

What is REAL ID?

The REAL ID Act, passed by Congress in 2005, establishes minimum security standards for state-issued driver's licenses and identification cards. The legislation was enacted based on recommendations from the 9/11 Commission following the terrorist attacks of September 11, 2001.

"REAL ID is essentially a federal standard for state-issued identification," explains Fiffik. "It creates uniform requirements that enhance security and reduce the potential for fraud or misrepresentation."

According to the Department of Homeland Security (DHS), REAL ID-compliant cards are marked with a star at the top of the card. These enhanced IDs require more documentation and verification during the application process than standard state IDs previously required.

When will REAL ID take effect?

After multiple extensions over the years, the REAL ID Act will be fully enforced beginning May 7, 2025. From this date forward, federal agencies, including the Transportation Security Administration (TSA), will only accept REAL ID-compliant driver's licenses and identification cards for official purposes, such as:

• Boarding federally-regulated commercial aircraft
• Entering federal facilities
• Entering nuclear power plants

It's worth noting that the deadline has been extended several times since the law's initial implementation. The most recent extension moved the enforcement date from May 2023 to May 2025, primarily due to the impact of the COVID-19 pandemic on states' ability to process REAL ID applications.

What documentation do you need for a REAL ID?

Obtaining a REAL ID requires more documentation than a standard driver's license. While specific requirements may vary slightly by state, you'll generally need to provide:

• Proof of Identity: Birth certificate, U.S. passport, or permanent resident card
• Proof of Social Security Number: Social Security card, W-2 form, or pay stub with full SSN
• Two Proofs of Current Residence Address: Utility bills, bank statements, mortgage documents, or rental agreements
• Proof of Name Changes (if applicable): Marriage certificate, divorce decree, or court order

The Department of Homeland Security provides a comprehensive checklist on their official website at DHS.gov/real-id.

How REAL ID will impact Americans: insights

Mike Fiffik, who has been following the implementation of REAL ID closely, shares several important insights about how this identification standard might affect Americans beyond its immediate requirements.

Expanding requirements

"Requirements for REAL ID are likely to expand," Fiffik notes. "Right now, many people aren't concerned about getting a REAL ID because they do not intend to travel via airplane or enter federal buildings regularly. Maybe they rationalize not getting one because they have a passport."

However, Fiffik cautions that the scope of REAL ID usage will likely grow: "We suspect that the use of a REAL ID driver's license will be expanded in the future. REAL IDs will become a necessity for 'everyday transactions' such as receiving government benefits, voting, notarization, or applying for jobs.”  

This potential expansion makes obtaining a REAL ID worthwhile, even for those who don't currently need one for the federally-mandated purposes.

Privacy and security concerns

While enhancing certain aspects of security, REAL ID also introduces new considerations regarding personal information.

"REAL ID is yet another risk to the security of your private information," Fiffik warns. "The law mandates that all driver's licenses and ID cards have an unencrypted 'machine-readable zone' that would contain personal information on Americans that could be easily 'skimmed' by anybody with a barcode reader."

The Electronic Privacy Information Center (EPIC) has also raised concerns about the centralized databases that store personal information for REAL ID compliance. According to EPIC, the creation of these databases "increases the risks of identity theft and fraud.”

International travel limitations

Fiffik also emphasizes an important distinction that many Americans might miss: "If you're traveling internationally, including Canada, you'll still need a passport. Many people might have the mistaken impression that a REAL ID is a passport substitute. It is not."

This clarification is crucial, as the similar timing of REAL ID enforcement and increased emphasis on travel documentation might create confusion. A REAL ID will allow you to board domestic flights but provides no benefit for international travel.

Alternatives to REAL ID

If you don't wish to obtain a REAL ID, there are alternatives for federal identification purposes:

• U.S. Passport or Passport Card: Valid for both domestic and international air travel
• Military ID: For active duty or retired military personnel and their dependents
• DHS Trusted Traveler Cards: Global Entry, NEXUS, SENTRI, or FAST cards
• Permanent Resident Card: For non-U.S. citizens with lawful permanent resident status

The Transportation Security Administration provides a complete list of acceptable identification at TSA.gov/identification.

State-by-state compliance status

All 50 states, the District of Columbia, and all U.S. territories are now issuing REAL ID-compliant identification. However, the specific process, costs, and even the appearance of REAL ID cards vary by state.

To find state-specific information, visit your state's driver's licensing agency website. The DHS also maintains a map of state compliance status at DHS.gov/real-id/state-compliance.

Common questions about REAL ID

Do I need to get a REAL ID?

You're not legally required to obtain a REAL ID. However, starting May 7, 2025, you will need either a REAL ID-compliant license or an acceptable alternative (like a passport) to board domestic flights and enter certain federal facilities.

How much does a REAL ID cost?

The cost varies by state. In some states, the fee is the same as a standard license renewal, while others charge an additional fee for REAL ID compliance. Check with your state's driver's licensing agency for specific pricing.

Can children use a REAL ID?

The TSA does not require children under 18 to provide identification when traveling with a companion within the United States. However, the accompanying adult will need acceptable identification.

What happens if I don’t get a REAL ID by the deadline?

Without a REAL ID or acceptable alternative, you won't be able to board domestic flights or enter certain federal facilities after the May 7, 2025 deadline. Your standard driver's license will still be valid for driving and other non-federal identification purposes.

Preparing for REAL ID: A timeline approach

With the May 2025 deadline approaching, it’s time to take action. Haven’t received your REAL ID yet? Contact your state’s DMV about the status.

"Don't wait until the last minute," advises Fiffik. "As the deadline approaches, DMV offices will likely face increased volume, potentially creating long wait times and processing delays."

Conclusion

The REAL ID Act represents a significant shift in identification standards across the United States. While the primary immediate impact affects air travelers and those who regularly enter federal facilities, the potential for expanded requirements makes it worth considering for most Americans.

As Mike Fiffik notes, "The landscape of identification requirements is changing, and REAL ID is just one part of that evolution. Being proactive about understanding and obtaining proper identification can save considerable hassle down the road."

If you have questions about how REAL ID might affect your specific situation, consulting with a legal professional can provide personalized guidance. While this article offers general information, individual circumstances may vary.

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