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Analysis: States might challenge Real ID

By PHIL MAGERS

DALLAS, May 12 (UPI) -- States are angry about new standards Congress has set for verifying the identity of driver's-license applicants, and some governors are considering a challenge.

Under the Real ID Act states will have three years to comply with the new requirements after President George W. Bush signs it into law, which he is expected to do soon. If they don't agree, their licenses would not be accepted as identification by the federal government.

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The driver's-license provisions were strongly opposed by the National Governors Association, the National Conference of State Legislatures, the American Association of Motor Vehicle Administrators and several civil-rights groups.

The author, Rep. James Sensenbrenner, R-Wis., argued the additional hassle of verification was a small price to pay to ensure that terrorists can't use licenses for identification as they did in the Sept. 11, 2001, attacks.

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"The REAL ID is vital to preventing foreign terrorists from hiding in plain sight while conducting their operations and planning attacks," he said. "By targeting terrorist travel, the REAL ID will assist in our war on terror efforts to disrupt terrorist operations and help secure our borders."

The Senate gave final passage to the provisions as an attachment to an $82 million funding bill for military operations in Iraq and Afghanistan. The legislation passed the House last week.

Critics have called the legislation an effort to enlist state authorities as immigration police, which they say is a federal responsibility. Others have called it the first step toward a national identification card.

In his reaction, Arkansas Gov. Mike Huckabee, vice chairman of the governors association, said they were concerned about the federal legislation, which enters an area of responsibility that has been the state's alone for more than 100 years.

"This could force entry-level state employees to do the work of INS agents while requiring states to enforce federal immigration laws the federal government doesn't have the will to enforce," he said. "Governors are looking at all their options. If more than half of the governors agree we're not going down without a fight on this, Congress will have to consider changing this unfunded federal mandate."

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There were reports the governors might be considering court action, but an aide to Huckabee would not confirm that Wednesday. He said the governors are concerned, but there is no consensus on what action might be taken, if any.

In a statement issued Wednesday the Coalition for a Secure Driver's License in New York said it would work in the coming months to ensure that every state complies with the new federal standards on drivers' licenses.

Amanda Bowman, the coalition president, said the Sept. 11 terrorists obtained dozens of licenses from states with lax licensing laws in order to execute the attacks. She said every state must comply to make the new law effective.

"If any state refuses to, we will make it abundantly clear, through every means at our disposal, that leaders in that state are putting the entire nation at risk and dangerously circumventing a clear 9/11 commission recommendation," she said.

The Sept. 11 commission recommended stiffer standards to verify the identity of driver's-license applicants, but governors and other state officials have complained that more effective alternatives were overlooked.

States favored the approach of the Intelligence Reform and Terrorism Act passed last fall that set up a committee of experts to work with states to improve standards. Many states were already stepping up the security of their systems on their own. The new law would abolish that committee, which met for the first time last month to begin its work.

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The Real ID Act will make it tougher for illegal immigrants to secure identification. Laws in 11 states that permit the issuance of licenses to illegal aliens will be abolished. They could obtain a special driver's license, but it would not be valid for identification.

Critics have also warned that the new law will lead to long lines at motor-vehicle offices, and possibly two trips for applicants. In addition to birth certificates, applicants will have to present Social Security numbers and utility bills.

Only drivers' licenses from states that comply with the federal requirements would be accepted for such routine tasks as applying for a passport, passing through an airline ticket counter or opening a bank account.

Governors and legislators are also concerned because the program is another unfunded federal mandate for states. The NCSL has estimated the cost at $500 million, although supporters said it would be more like $100 million.

In March the NCSL identified at least $30 billion in federal unfunded mandates and cost shifts to states within the proposed 2006 federal budget -- on top of mandates and cost shifts in the previous two fiscal years worth at least $51 billion.

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(Please send comments to [email protected].)

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