Shelly R
05-07-2007, 05:42 PM
This is open to all, sort of a "Heads up/FYI" to everyone, pre and post.
Though this may end up like "The girl who cried Wolfie!" depending on future litigation.
Background:
This law was signed into act on May 2005, as a rider on a military spending, and relief funding bill. On March 2007, enforcement of the Act was postponed until December 2009.
This Act was enacted to hinder terrorists, and ID misuse, and forgery.
Short synopsis of the Real ID Act:
Once this law becomes enforced, state drivers liscenses will not be accepted, unless they comply with the regulations of the act. Non compliant ID's will no longer be used at airports, SSA offices will no longer accept non-compliant documents, employers will not be able to accept non-compliant ID's for employment, non-compliant documents will no longer be accepted for financial or banking services. This will also affect SSA benefits, and payments, Federal payments, Medicare, Medicaid benefits without compliant ID's.
Documentation required for license or ID card:
Photo ID, or non-photo ID That includes Full legal name, and birthdate.
Documentation of birthdate (i.e. Birth certificate)
documentation of your Social Security number, and legal status.
Documentation showing name and principal residence address
Digital images of each document will be stored in each State DMV database. Each State is required to share it's database with all other States, to include driving record and points. Any State not linking it's database with other states will loose it's Federal funding. Effectively creating a National database.
This law in essence hands the Dept. of Homeland Security the ability to set the standards, and determine if State, and other ID cards pass muster. Only ID cards accepted by Homeland Security can be used for any Federal ID purpose.
Other issues to consider:
If this database is handled by Homeland Security, what will be the ultimate requirements for all documents to match? As in name and gender?
Currently name and gender could be changed on your DL, which many have done before 9/11. Social Security is a different animal, requiring a legal name change and gender change, same with most birth certificate information.
If any one of the required documents does not match the rest, will that "red flag" our file for further investigation by the Dept. of Homeland Security? At the very least this could end up as a denial to receive the ID card. Until the differences between the various forms documentation can be cleared up, or legally changed. This may only be just the tip of the iceberg.
This Act may or may not be enforced. Depending if this law is legally challenged in the U.S. court system. Various groups are looking into the legality of this particular law.
California has some of the same issues at hand dealing with name change. Since 9/11 the DMV has linked thier database with the SSA, if the names don't match at the SSA, a name change can't be done. Gender change on the DL is a simple form filled out by your physician. Changing your name and/or gender with the SSA, requires a court ordered name and/or gender change. Court ordered gender change will only be issued with a statement by your surgeon or physician stating that you have had some kind of surgery that changes your sex characteristics as part of your transition. Same with the birth certificates in California. Name changes at the banks require a corrected DL or court order. That's the simplified basics in CA.
The Real ID Act could become a real "can of worms" for us at large. This is something serious for us to look at, and at the very least be aware of.
I have posed questions with other legal organizations, but so far no answers. I do not think anyone knows what will happen.
Though this may end up like "The girl who cried Wolfie!" depending on future litigation.
Background:
This law was signed into act on May 2005, as a rider on a military spending, and relief funding bill. On March 2007, enforcement of the Act was postponed until December 2009.
This Act was enacted to hinder terrorists, and ID misuse, and forgery.
Short synopsis of the Real ID Act:
Once this law becomes enforced, state drivers liscenses will not be accepted, unless they comply with the regulations of the act. Non compliant ID's will no longer be used at airports, SSA offices will no longer accept non-compliant documents, employers will not be able to accept non-compliant ID's for employment, non-compliant documents will no longer be accepted for financial or banking services. This will also affect SSA benefits, and payments, Federal payments, Medicare, Medicaid benefits without compliant ID's.
Documentation required for license or ID card:
Photo ID, or non-photo ID That includes Full legal name, and birthdate.
Documentation of birthdate (i.e. Birth certificate)
documentation of your Social Security number, and legal status.
Documentation showing name and principal residence address
Digital images of each document will be stored in each State DMV database. Each State is required to share it's database with all other States, to include driving record and points. Any State not linking it's database with other states will loose it's Federal funding. Effectively creating a National database.
This law in essence hands the Dept. of Homeland Security the ability to set the standards, and determine if State, and other ID cards pass muster. Only ID cards accepted by Homeland Security can be used for any Federal ID purpose.
Other issues to consider:
If this database is handled by Homeland Security, what will be the ultimate requirements for all documents to match? As in name and gender?
Currently name and gender could be changed on your DL, which many have done before 9/11. Social Security is a different animal, requiring a legal name change and gender change, same with most birth certificate information.
If any one of the required documents does not match the rest, will that "red flag" our file for further investigation by the Dept. of Homeland Security? At the very least this could end up as a denial to receive the ID card. Until the differences between the various forms documentation can be cleared up, or legally changed. This may only be just the tip of the iceberg.
This Act may or may not be enforced. Depending if this law is legally challenged in the U.S. court system. Various groups are looking into the legality of this particular law.
California has some of the same issues at hand dealing with name change. Since 9/11 the DMV has linked thier database with the SSA, if the names don't match at the SSA, a name change can't be done. Gender change on the DL is a simple form filled out by your physician. Changing your name and/or gender with the SSA, requires a court ordered name and/or gender change. Court ordered gender change will only be issued with a statement by your surgeon or physician stating that you have had some kind of surgery that changes your sex characteristics as part of your transition. Same with the birth certificates in California. Name changes at the banks require a corrected DL or court order. That's the simplified basics in CA.
The Real ID Act could become a real "can of worms" for us at large. This is something serious for us to look at, and at the very least be aware of.
I have posed questions with other legal organizations, but so far no answers. I do not think anyone knows what will happen.