REAL ID Act - LIMITED TERM - New Dustin Inman Society

REAL ID Act – Title II
H.R.1268 2005
Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Enrolled as Agreed to or Passed by Both House and Senate)

SEC. 201. DEFINITIONS.

In this title, the following definitions apply:
(1) DRIVER’S LICENSE- The term `driver’s license’ means a motor vehicle operator’s license, as defined in section 30301 of title 49, United States Code.
(2) IDENTIFICATION CARD- The term `identification card’ means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State.
(3) OFFICIAL PURPOSE- The term `official purpose’ includes but is not limited to accessing Federal facilities, boarding federally regulated commercial aircraft, entering nuclear power plants, and any other purposes that the Secretary shall determine.
(4) SECRETARY- The term `Secretary’ means the Secretary of Homeland Security.
(5) STATE- The term `State’ means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.

SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR FEDERAL RECOGNITION.

(a) Minimum Standards for Federal Use-
(1) IN GENERAL- Beginning 3 years after the date of the enactment of this division, a Federal agency may not accept, for any official purpose, a driver’s license or identification card issued by a State to any person unless the State is meeting the requirements of this section.
(2) STATE CERTIFICATIONS- The Secretary shall determine whether a State is meeting the requirements of this section based on certifications made by the State to the Secretary. Such certifications shall be made at such times and in such manner as the Secretary, in consultation with the Secretary of Transportation, may prescribe by regulation.
(b) Minimum Document Requirements- To meet the requirements of this section, a State shall include, at a minimum, the following information and

REAL ID Act – Title II
features on each driver’s license and identification card issued to a person by the State:
(1) The person’s full legal name.
(2) The person’s date of birth.
(3) The person’s gender.
(4) The person’s driver’s license or identification card number. (5) A digital photograph of the person.
(6) The person’s address of principle residence.
(7) The person’s signature.
(8) Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes. (9) A common machine-readable technology, with defined minimum data elements.
(c) Minimum Issuance Standards-
(1) IN GENERAL- To meet the requirements of this section, a State shall require, at a minimum, presentation and verification of the following information before issuing a driver’s license or identification card to a person:
(A) A photo identity document, except that a non-photo identity document is acceptable if it includes both the person’s full legal name and date of birth.
(B) Documentation showing the person’s date of birth.
(C) Proof of the person’s social security account number or verification that the person is not eligible for a social security account number.
(D) Documentation showing the person’s name and address of principal residence.
(2) SPECIAL REQUIREMENTS-
(A) IN GENERAL- To meet the requirements of this section, a State shall comply with the minimum standards of this paragraph.
–> (B) EVIDENCE OF LAWFUL STATUS- A State shall require, before issuing a driver’s license or identification card to a person, valid documentary evidence that the person–
(i) is a citizen or national of the United States;
(ii) is an alien lawfully admitted for permanent or temporary residence in the United States;
(iii) has conditional permanent resident status in the United States;
(iv) has an approved application for asylum in the United States or has entered into the United States in refugee status;
(v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States; (vi) has a pending application for asylum in the United States;
(vii) has a pending or approved application for temporary protected status in the United States;

-> (viii) has approved deferred action status; or (italics added)

(ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.
(C) TEMPORARY DRIVERS’ LICENSES AND IDENTIFICATION CARDS-
(i) IN GENERAL- If a person presents evidence under any of clauses (v) through (ix) of subparagraph (B), the State may only issue a temporary driver’s license or temporary identification card to the person.
(ii) EXPIRATION DATE- A temporary driver’s license or temporary identification card issued pursuant to this subparagraph shall be valid only during the period of time of the applicant’s authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one year.
(iii) DISPLAY OF EXPIRATION DATE- A temporary driver’s license or temporary identification card issued pursuant to this subparagraph shall clearly indicate that it is temporary and shall state the date on which it expires. (iv) RENEWAL- A temporary driver’s license or temporary identification card issued pursuant to this subparagraph may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the temporary driver’s license or temporary identification card has been extended by the Secretary of Homeland Security.
(3) VERIFICATION OF DOCUMENTS- To meet the requirements of this section, a State shall implement the following procedures:
(A) Before issuing a driver’s license or identification card to a person, the State shall verify, with the issuing agency, the issuance, validity, and completeness of each document required to be presented by the person under paragraph (1) or (2).
(B) The State shall not accept any foreign document, other than an official passport, to satisfy a requirement of paragraph (1) or (2).
(C) Not later than September 11, 2005, the State shall enter into a memorandum of understanding with the Secretary of Homeland Security to routinely utilize the automated system known as Systematic Alien Verification for Entitlements, as provided for by section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-664), to verify the legal presence status of a person, other than a United States citizen, applying for a driver’s license or identification card.

REAL ID Act – Title II
(d) Other Requirements- To meet the requirements of this section, a State shall adopt the following practices in the issuance of drivers’ licenses and identification cards:
(1) Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum of 7 years or images of source documents presented for a minimum of 10 years.

(3) Subject each person applying for a driver’s license or identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify a renewing applicant’s information.
(5) Confirm with the Social Security Administration a social security account number presented by a person using the full social security account number. In the event that a social security account number is already registered to or associated with another person to which any State has issued a driver’s license or identification card, the State shall resolve the discrepancy and take appropriate action.
(6) Refuse to issue a driver’s license or identification card to a person holding a driver’s license issued by another State without confirmation that the person is terminating or has terminated the driver’s license.

(7) Ensure the physical security of locations where drivers’ licenses and identification cards are produced and the security of document materials and papers from which drivers’ licenses and identification cards are produced.
(8) Subject all persons authorized to manufacture or produce drivers’ licenses and identification cards to appropriate security clearance requirements.
(9) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of drivers’ licenses and identification cards.
(10) Limit the period of validity of all driver’s licenses and identification cards that are not temporary to a period that does not exceed 8 years.

–>(11) In any case in which the State issues a driver’s license or identification card that does not satisfy the requirements of this section, ensure that such license or identification card–
(A) clearly states on its face that it may not be accepted by any Federal agency for federal identification or any other official purpose; and
(B) uses a unique design or color indicator to alert Federal agency and other law enforcement personnel that it may not be accepted for any such purpose.
(12) Provide electronic access to all other States to information contained in the motor vehicle database of the State.
(13) Maintain a State motor vehicle database that contains, at a minimum–
(A) all data fields printed on drivers’ licenses and identification cards issued by the State; and

REAL ID Act – Title II
(B) motor vehicle drivers’ histories, including motor vehicle violations, suspensions, and points on licenses.

SEC. 203. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE IDENTIFICATION DOCUMENTS.
(a) Criminal Penalty- Section 1028(a)(8) of title 18, United States Code, is amended by striking `false authentication features’ and inserting `false or actual authentication features’.
(b) Use of False Driver’s License at Airports-
(1) IN GENERAL- The Secretary shall enter, into the appropriate aviation security screening database, appropriate information regarding any person convicted of using a false driver’s license at an airport (as such term is defined in section 40102 of title 49, United States Code).
(2) FALSE DEFINED- In this subsection, the term `false’ has the same meaning such term has under section 1028(d) of title 18, United States Code.
SEC. 204. GRANTS TO STATES.
SEC. 205. AUTHORITY.
(a) In General- The Secretary may make grants to a State to assist the State in conforming to the minimum standards set forth in this title.
(b) Authorization of Appropriations- There are authorized to be appropriated to the Secretary for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this title.
(a) Participation of Secretary of Transportation and States- All authority to issue regulations, set standards, and issue grants under this title shall be carried out by the Secretary, in consultation with the Secretary of Transportation and the States.
(b) Extensions of Deadlines- The Secretary may grant to a State an extension of time to meet the requirements of section 202(a)(1) if the State provides adequate justification for noncompliance.
SEC. 206. REPEAL.
SEC. 207. LIMITATION ON STATUTORY CONSTRUCTION.
Section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is repealed.

REAL ID Act – Title II
Nothing in this title shall be construed to affect the authorities or responsibilities of the Secretary of Transportation or the States under chapter 303 of title 49, United States Code.

HERE.

Center for Immigration Studies

DREAMers’ are just the bait; “citizenship for all 11 million, or however many” illegal aliens there are here is the hoo

By Andrew R. Arthur on November 17, 2022

On November 16, Senate Majority Leader Chuck Schumer (D-N.Y.) held a press conference in front of the Capitol in which he called for amnesty for “DREAMers”, aliens brought illegally to the United States as children. As he did so, however, he pulled back the curtain on his end game – to “get a path to citizenship for all 11 million, or however many undocumented, there are here”. The DREAMers are the bait, while a full and total amnesty is the hook.

DREAMers, In Brief. Amnesty legislation for aliens who arrived in their youth has a long, but not particularly successful pedigree. Here’s a brief recap.

In August 2001, then-Sen. Orrin Hatch (R-Utah) introduced a bipartisan “DREAM Act”, which included 18 cosponsors. That bill would have granted amnesty to aliens unlawfully present for five years who entered under the age of 21, and who met certain work and educational requirements.

The timing of that bill could not have been worse, because less than six weeks later, the September 11 attacks showed how foolhardy such blanket amnesties were. Nonetheless, similar “DREAM Acts” were subsequently introduced in later Congresses.

One bears special note. In March 2009, Sen. Richard Durbin (D-Ill.) offered up the “DREAM Act of 2009” during the 111th Congress.

At that time, Barack Obama was president, Democrats held an overwhelming majority in the House, and from September 24, 2009 (when Democrat Paul Kirk was appointed to fill the seat of the late Democratic Massachusetts Sen. Ted Kennedy) through February 4, 2010 (when Republican Scott Brown was elected to fill Kennedy’s seat), Democrats held a filibuster-proof majority of 60 seats in the Senate.

Obama’s fellow Democrats could have passed any bill they wanted – including and in particular the DREAM Act of 2009 – without any Republican votes at all. But that bill went nowhere. Cosponsor and then-Senate Judiciary Chairman Pat Leahy (D-Vt.) did not even bring it up for a vote in committee.

That said, two Republican senators – Mel Martinez (R-Fla.) and Richard Lugar (R-Ind.) – were cosponsors of the DREAM Act of 2009, so they probably would have blocked a filibuster even during the months Democrats only controlled a measly 59 seats in the upper chamber.

Obama blamed Republicans for the failure to pass a DREAM Act, but the fault really lies with him and congressional Democrats alone – DREAM Act legislation simply was not a priority for a party that held a hammerlock on the legislative process.

The popularity of legislation to “protect” the DACA population has been a key talking point for years (I was the punching boy for Democrats at a House hearing on the issue in March 2019), but let’s face it – if it really were all that popular, it would have been a shoo-in in the 111th Congress.

DACA. The failure of DREAM Act legislation led to a program called “Deferred Action for Childhood Arrivals” or DACA. It grants quasi-legal status to aliens who entered the United States while under the age of 16 before June 15, 2007, who are currently under the age of 41, who meet certain educational standards, and have not been convicted of certain crimes.

DACA was not created by Congress, or even by executive order or executive action (for what that is worth). It’s the product of a memo issued by then-DHS Secretary Janet Napolitano on June 15, 2012. In my considered legal opinion, Napolitano lacked the authority to create DACA (the Fifth Circuit ruled in October that the program is unlawful, but the Supreme Court has yet to weigh in), but in any event, it sets a bad precedent.

Want proof? Here’s what the editorial board of the Washington Post had to say when President Obama was considering expanding DACA to include parents of U.S. citizens and lawful permanent residents in 2014:

The president should think twice. Some of the same Democrats and pro-immigrant advocates urging him to protect millions of undocumented immigrants from deportation would be outraged if a Republican president took a similarly selective approach to enforcing the laws — say, those that guarantee voting rights or prohibit employment discrimination.

Obama ignored the Post editorial board and created something called Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). DAPA proved to be a bridge too far for Texas and several other states, who successfully sued to block its implementation.

Despite all of this, DACA continues, and the Biden administration recently issued a new rule, effective October 31, “to preserve and fortify” the decade-old program.

A Sympathetic Population. The DACA population is admittedly sympathetic. The vast majority of the approximately 650,000 current DACA beneficiaries were removable a decade ago, but in the intervening years they have been living in a quasi-legal status thanks to some questionable administrative actions.

Even President Trump, in his 2018 State of the Union address, offered up a plan to legalize not just DACA recipients but also a total of 1.8 million “DACA-eligible” aliens – more or less the same individuals covered by the DREAM Act…. please read the rest here at the CIS website.