The lack of personal identification is a barrier for many immigrants across the U.S. The soon-to-be-implemented REAL ID policy threatens to keep more people on society’s margins

Yesica Balderrama
@yesica_bald

Julie Schwietert Collazo
@collazoprojects

Ricardo Sandoval-Palos
@ricsand

Deyanira Aldana is 28 years old. Her family moved to New Jersey from Mexico when she was 4. Over the phone, Aldana sounds strong-willed and determined when she discusses her political and personal goals. She talks about her activism on behalf of the undocumented community, her resolve to create a life as a Deferred Action for Childhood Arrivals (DACA) recipient, and how she has protected her noncitizen relatives who lack legal documentation.

The DACA program was established by the Obama administration in 2012. It grants work authorization and temporary relief from deportation for undocumented persons who entered the U.S. as minors and meet certain government requirements, according to the American Immigration Council. DACA recipients are required to renew their status every two years.

Aldana became an immigration rights activist after witnessing her family’s daily struggles because they did not have access to driver’s licenses or identification cards issued in the U.S.

The Migration Policy Institute estimates that 11.2 million undocumented immigrants live in the United States. Like other immigrant families, Aldana’s binational relatives have made great strides in obtaining valid forms of documentation. Her family is now mixed-status: her father has a green card, and her mother and one older brother are still undocumented immigrants. She and her sister are DACA-registered along with 578,680 other U.S. residents, according to U.S. Citizenship and Immigration Services.

But the greater freedom from scrutiny that the documented members of her family may have enjoyed until now could be short-lived.

The Department of Homeland Security (DHS) is in the process of implementing REAL ID, a policy setting security standards for driver’s licenses and identification cards, issued by state departments or divisions of motor vehicles (DMVs). Beginning May 7, 2025, a REAL ID-compliant identification will be required for certain federal purposes.

*Department of Homeland Security (DHS) REAL ID signage at Hollywood Burbank Airport. Photo by Yunuen Bonaparte for palabra*

While that’s more than a year away, and applying for a REAL ID compliant document is not mandatory, the policy is already causing confusion and pushback among immigrant communities. The implications for immigrants, especially those who don’t have legal status, remain to be seen. But there is widespread consensus that this new policy could make it more challenging for lawful and undocumented immigrants to obtain U.S. identification. Advocates warn it may exacerbate racial profiling and lead to discrimination by law-enforcement, government personnel issuing official documentation, and other public institutions.

The REAL ID policy is being rolled out as a growing number of states are passing laws that allow undocumented immigrants to obtain local IDs and driver’s licenses. This change could be a set-back for activists like Aldana, as the momentum advocates have achieved at the state level may be undone by REAL ID. Undocumented residents may be hesitant to apply for these new identification cards, fearful of disclosing their immigration status. However, the deadline for the REAL ID Act will not impact noncompliant identification cards, such as those issued by the state of New Jersey. Noncitizen immigrants and others will still be able to use these documents as a form of identification, but not in place of the REAL ID.

DOCUMENTING THE UNDOCUMENTED

Driver’s licenses were once available to most people in the country, regardless of immigration status. States began to impose restrictions on who was eligible for a license in the 1990s. Soon after, law enforcement became involved, playing a significant role in backing driver’s license legislation for undocumented residents. Law enforcement agencies in states such as California, Maryland, and Illinois supported such efforts. Businesses and insurance companies, who benefit from supplying car insurance, also supported legislation.

“We saw a growing interest by businesses that depend on workers who have all different statuses and want to have the drivers and their other workers be safe on the roads, or even drive while they're working,” attorney Tanya Broder says. “So, the agriculture industry, the landscaping, meat, and dairy industries and other businesses have weighed in favor, as have insurance companies that appreciate being able to insure all the drivers on the road.”

Municipal IDs are not usually recognized outside communities where they are issued, and fewer than half of the states in the nation give immigrants without legal status the right to apply for drivers’ licenses. Immigrants who are lawfully present, such as green card holders, can obtain driver’s licenses in certain states.

The REAL ID Act was passed in 2005 during the Bush administration. It was presented as an antiterrorism measure to strengthen national security after the 9/11 attacks. The bill enforced stricter identification policies across states and territories to prevent foreign terrorists from entering the country.

Implementation of the REAL ID law has been delayed multiple times. Many states and advocates resisted the REAL ID program, although all states and U.S. territories — with the exception of American Samoa — have adopted the rule.

The federal government requires all states to comply with the REAL ID law, though fees and documentation requirements for the REAL ID vary by state (DHS has a map of each state’s requirements on its website). The common denominator across states is cause for concern: states are generally required to ask their residents to show proof of lawful immigration status and a Social Security number to qualify for a REAL ID compliant card, which is distinguished from other IDs by a star symbol.

The REAL ID star symbol is located on the top right side of the state-issued driver’s licenses. Even after the REAL ID Act goes into effect, airport security will continue to accept passports as a valid form of identification. Photo by Yunuen Bonaparte for palabra

DHS is encouraging U.S. residents to apply for the REAL ID. Identification documents that do not meet DHS requirements will not be accepted for federal purposes, such as boarding an airplane or entering federal facilities, which are buildings, areas, and aircraft leased to the government. Also included are military bases, nuclear power plants, and federal courts. Airport security will continue to accept passports as a valid form of identification, but public notices do not indicate valid alternatives to REAL ID.

More hurdles for immigrants

The nationwide implementation of REAL ID presents a new challenge for undocumented residents who are not eligible to apply for it. Advocates say this is a concern for those who may need basic health, safety, and travel services.

They say immigrants are concerned about whether REAL ID will restrict a person’s ability to fly domestically, or expose them to profiling and discrimination by the Transportation Security Administration (TSA), and other gatekeepers at federal facilities. In immigrant communities, stories abound of detentions, deportations and the dismantling of mixed-status families that began because of a lack of proper identification — particularly during police encounters.

“I would say today and tomorrow, before and after the REAL ID Act is implemented at airports, there are some risks to traveling while undocumented,” says Tanya Broder, senior staff attorney at National Immigration Law Center. “And folks who are undocumented should check in with their immigration lawyers or a trusted advocate, to determine the best way to travel safely.”

The policy might also present additional barriers for documented immigrants who do qualify for the new IDs, advocates say.

When lawfully-present immigrants apply for a REAL ID, they must prove they meet the paperwork and identification requirements set by their state. This creates more stress for the applicant presenting their documentation at their local Department of Motor Vehicles. “When individuals with some form of ID are going to get these REAL IDs, DMV employees are being asked to make a decision on whether somebody is adequately showing that they're documented, right? You're asking them to vet that. And that's already a hurdle,” says Joshua Medina, a lawyer and user experience designer at Justicia Lab, which designs free digital legal tools to help immigrants.

Medina has more than 10 years of experience running nonprofit immigration programs. He advises noncitizen immigrants who are planning to apply for the REAL ID to gather their paperwork, including documentation for proof of residency, birth certificates, or foreign identifications. And those who are not U.S. citizens should familiarize themselves with the various identifications that are accepted at federal facilities.

*Supporters of licenses for all at a May Day march in Detroit, Michigan. Photo by Jim West/Alamy Stock Photo*

Deep in the details of REAL ID, there is enough to calm the fears of immigrants who do qualify for it, say experts who have studied the new requirements. While all states are mandated to implement REAL ID, no one is required to apply for it, according to Broder. Non-citizens without a REAL ID or a driver’s license will still be able to present other forms of IDs to board planes, such as a foreign passport, work authorization card, or green card, according to the Transportation Security Administration website. Minors under 18 are not required to show documentation to fly domestically if they are accompanied by an adult who has proper documentation.

As a DACA recipient, Aldana is eligible for the REAL ID. However, she says she will not apply for it. She fears that by submitting personal information, she’d put her undocumented family members in a vulnerable situation. “One of our concerns is the data getting into the wrong people's hands. So, one of the things that we've asked allies to do was to opt out of REAL ID and to get a standard one,” Aldana says.

Supporters from New York’s Mid-Hudson region advocate for the Green Light Law, which allows all New York State residents to obtain driver’s licenses regardless of their immigration status. Photo courtesy of For the Many

MOMENTUM FOR DRIVER’S LICENSES

Nineteen states and the District of Columbia have enacted laws to allow immigrants without a legal status to obtain driver’s licenses. These states — California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia and Washington — issue a license if an applicant provides certain documentation, such as a foreign birth certificate, foreign passport, or consular card and evidence of current residency in the state.

New Haven, Connecticut was the nation’s first municipality to approve local identification cards for noncitizen residents. The Elm City Resident Card legislation was signed in 2007, after police and politicians acknowledged that undocumented immigrants who carried large amounts of cash had become easy targets for robbery. The identification card allowed noncitizens to open bank accounts.

Since then, major cities such as New York (IDNYC), Washington, D.C. (Limited Purpose Non-Driver Identification Card) and Chicago (CityKey Program) have also made identification cards available to some residents regardless of immigration status. However, applicants must still meet documentation requirements in each city. Examples of the paperwork needed include birth certificates, foreign passports, consulate cards, or bills that serve as proof of residency. In D.C., applicants must have resided in the District of Columbia for at least six months and be at least 15 years old.

In NYC, card holders can use the IDNYC identification to qualify for affordable housing. The card can be used for employment documentation, or when requested by the police. Under the city’s law, applicants are not to be asked about their immigration status when applying for the IDNYC card.

The Real Need for ID

National or locally issued identification is necessary for many tasks, such as opening bank accounts, renting apartments, enrolling children in school, and receiving health insurance. They are also typically requested during interactions with law enforcement. States and cities that provide undocumented immigrants with valid documentation offer these individuals an avenue for integration into society.

Recognizing the importance of identification cards for her community, Aldana advocated for New Jersey’s government to pass legislation for undocumented immigrants to gain eligibility for driver’s licenses. Aldana and other activists lobbied politicians in person and organized marches in Trenton, the state capital, emphasizing concerns about public safety on roads.

“(Having) people on the road who have been tested by the state is really important. And in New Jersey, a lot of parts of the state are driving-only places. We really needed to make sure that people had been tested, through the permits, as well as a road test,” Aldana says.

*Supporters marching in Trenton advocating for legislation to grant New Jersey driver’s licenses to undocumented immigrants. Photo courtesy of Catholic Charities, Diocese of Trenton*

The law went into effect in May 2021, when the New Jersey Motor Vehicle Commission began accepting applications for driver’s licenses without requiring proof of legal status. Aldana obtained her driver’s license as soon as she could. Unlike her DACA identification, which expires every two years, the driver’s license is valid for four years. That same year, New Jersey also began issuing identification cards to any state resident who applied for one. A resident who does not have a Social Security number can use an ITIN or an affidavit stating ineligibility for a Social Security number.

Aldana’s mother and brother finally obtained municipal IDs too. Her mother had lived in the country for over 20 years without an identification card issued in the U.S. Aldana says she rests easier now, knowing there is less of a chance that her mother might face prejudice.

Prior to the law, Aldana and her family used their Mexican passports or Mexican consular cards whenever ID was needed. But they feared being discriminated against and racially profiled. They worried they would be questioned due to their foreign nationality and physical appearance. Having a state-issued ID, she said, can be the difference between conducting day-to-day business like any other resident, or being detained.

REAL ID could expose Aldana’s mother, brother and other undocumented family members who do not qualify for it, to more scrutiny about their immigration status. They would have to use their Mexican passports to enter federal facilities, not only revealing their nationality, but drawing attention to the fact that they don’t have REAL ID-compliant documents. The REAL ID policy leaves them feeling as vulnerable as they did before New Jersey expanded license eligibility.

“People before this law had to drive without a license, right? Because that was the only way they could travel for work or pick up their kids from school,” Aldana says. “You no longer have that fear that when you get stopped by an officer, like you're going to potentially end up in a detention center and be separated from your family.”

Supporters of Bill HF4 hold a sign in front of the Minnesota State Capitol. Photo courtesy of Immigrant Law Center of Minnesota

HF4 in Minnesota

Minnesota is the 19th state to make driver’s licenses available to undocumented immigrants.

Bill HF4, also known as Driver’s Licenses for All, was signed by Governor Tim Walz in March 2023 and went into effect on October 1. The law narrowly passed in the state senate, with a vote of 70 to 60. Under this law, applicants do not need to provide proof of lawful status to apply for a driver’s license.

Since 2003, Minnesotans had been required to show proof of citizenship to apply for a driver’s license, according to Minnesota’s history of Driver’s Licenses for All website. Passing the new law took two decades, says Julia Decker, policy director at the Immigrant Law Center of Minnesota, a nonprofit that provides legal aid to low-income refugees and migrants.

“Some of the concerns that were raised during the debates centered around things such as voting and potentially increasing incentives for people to come to Minnesota who might be undocumented. They were arguments that were able to be refuted in a couple of different senses,” Decker says.

Advocates of the law persuaded local government officials by emphasizing the importance of having drivers on the road who have been tested and certified by the state. The law is meant to create safer roads.

The law could benefit as many as 81,000 noncitizen immigrants in Minnesota where, according to data from the Migration Policy Institute, 43% of the undocumented population is from Mexico.

Minnesota-issued driver’s licenses do not reveal the immigration status of the holder. Undocumented immigrants will not have to worry about revealing their status when showing a license, helping them avoid possible discrimination. Minnesota’s Department of Public Safety is also forbidden from sharing data about an individual’s status with agencies that enforce immigration laws, unless directed by a court.

In a multilingual campaign, the Immigrant Law Center of Minnesota and Unidos, a national advocacy group, are encouraging people to apply for driver's licenses.

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