In 2005, after extensive
investigation into the attacks on September 11, 2001, Congress passed the REAL
ID Act. This act had a provision regarding drivers’ licenses that would make it
more difficult for an individual or apply for a state driver’s license without
proof of their real identity. The goal of this law was to prevent immigrants
who are terrorists, like the 9/11 terrorists, from obtaining driver’s licenses.
This would leave them with only a passport and no driver’s license, making them
easier for law enforcement to detect.
What effect did this law have
in reality? A singling out of Hispanic and Asian immigrants who have
no criminal history and who are not terrorists. Yet TSA might stop letting
individuals travel with just a driver’s license from these states and will instead
require a secondary form of ID to travel.
A disproportionate number of
Hispanic and Asian immigrants cannot obtain visas to enter the U.S. legally or
have extremely long waits for visas because the U.S. has restricted immigration
from their countries. Immigrants of other national origins have vastly greater
options to immigrate legally. Hispanics and Asians who have immigrated to the
U.S. illegally are largely fleeing gangs, warlords, and extreme poverty. Neither
Hispanic nor Asian immigrants were involved in the 9/11 attacks. These
immigrants can drive and have passed a driver’s test, but they are banned from
getting a REAL ID driver’s license because their national origin prevents them
from getting legal immigration status. The REAL ID Act uses something necessary
to survival in the U.S. but not related to immigration or terrorism – driving –
to single out and deport immigrants from certain countries.
Alaska, California, Illinois,
Minnesota, Missouri, New Jersey, New Mexico, South Carolina, Washington state,
Puerto Rico, Guam, and the U.S. Virgin Islands have realized that there is no
connection between one’s ability to drive and his or her immigration status. In
addition to disproportionately affecting Hispanics and Asians, the REAL ID Act is
too great of an invasion of an individual’s privacy and is too large a burden
on the state driver services, far outweighing any supposed benefits it has.
There is no definite deadline
as to when the Department of Homeland Security will require a second form of ID
from individuals from these nine states. It has continuously pushed out the
deadline on this policy. For now, it appears that these states are winning the
fight against national origin discrimination.
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