TSA publishes final rule on REAL ID enforcement; does not extend deadline

The Transportation Security Administration (TSA) published its final rule establishing a phased approach for enforcing REAL ID requirements starting May 7, 2025. The long-awaited regulation allows federal agencies to gradually implement the requirements over a period of up to two years, culminating in full enforcement no later than May 5, 2027.

The REAL ID Act mandates stringent security criteria for state-issued driver’s licenses and identification cards to ensure their acceptance for federal purposes, including access to federal facilities and boarding federally regulated commercial flights​​.

“Congress passed the REAL ID Act in 2005 to enhance security standards for identification, directly in response to the security vulnerabilities highlighted by the 9/11 attacks,” said TSA Administrator David Pekoske. “Identity verification is foundational to security. I urge those who use a driver’s license or state-issued identity card as their primary form of identification to access federal facilities or board commercial passenger aircraft, to ensure these credentials are REAL ID-compliant. We are committed to engaging with the public, licensing jurisdictions and states to facilitate a smooth transition to REAL ID enforcement beginning May 7, 2025, which this rule supports.”

The phased enforcement framework is not an extension of the REAL ID deadline but rather a mechanism to manage its implementation effectively. DHS has rejected the option of another extension, citing past experiences where delays did not significantly improve adoption rates. Instead, DHS said it anticipates that the certainty of the May 7 enforcement date, combined with phased plans, will incentivize individuals to obtain compliant identification. This is expected to alleviate pressure on state licensing agencies and improve adoption rates​​​.

Under the rule, federal agencies have the flexibility to tailor their enforcement plans to their operational settings, provided these plans are coordinated with the Department of Homeland Security (DHS). The framework is designed to address several challenges, including low adoption rates of REAL ID-compliant licenses. Presently, only 56% of all driver’s licenses in circulation are REAL ID compliant. Despite extensive federal efforts and extensions, compliance remains an issue, particularly in states where issuance rates have lagged​​.

The final rule provides for a phased enforcement mechanism to mitigate potential disruptions. Federal agencies can choose between different enforcement models, such as issuing warning notices during an initial phase or adopting progressive enforcement measures like limiting the number of times a noncompliant license can be used before access is denied. These options allow agencies to manage the transition smoothly without immediately imposing the full compliance requirements this coming May 7​​​.

DHS emphasizes the importance of transparency throughout the phased enforcement process. Agencies that choose this approach must publicly share their plans on their websites. Similarly, DHS will maintain a list of agencies using phased enforcement plans on its website to provide clarity for the public. This transparency aims to prevent confusion and ensure that the public understands the varied enforcement timelines across different federal agencies​​.

One of the final rule’s key objectives is to maintain operational feasibility while realizing the security benefits of REAL ID. DHS has identified three factors that agencies must consider when determining their approach: security, operational feasibility, and public impact. For agencies operating in contexts where a large influx of individuals might present noncompliant identification, a phased approach helps prevent operational backlogs and security risks such as congestion and delays.

Cost considerations feature prominently in the regulation. Over a two-year period, DHS estimates the rule will cost $1.73 million, primarily borne by DHS and other federal agencies. These costs are associated with activities like coordination of enforcement plans, training personnel, and informing the public. On the other hand, the phased approach offers benefits, including reduced operational disruptions for federal agencies and additional time for states and individuals to comply​​.

The rule further aligns with DHS’s historical approach to REAL ID enforcement. Phased implementation has been used successfully in state-based compliance efforts, underscoring its effectiveness in achieving regulatory objectives. Federal agencies retain significant discretion to design enforcement plans that suit their operational needs while adhering to DHS guidelines. Full compliance must, however, be achieved by the mandated deadline​​.

Article Topics

biometrics  |  DHS  |  digital ID  |  driver's license  |  identity document  |  Real ID  |  REAL ID Act  |  TSA