Stateline.org has noticed the Real ID controversy, but hasn’t figured out what’s going on. They keep reporting blather about how “citizens of states that are not compliant would be unhappy when they realize they can’t use their driver’s licenses to board flights“. They haven’t figured out yet that no federal statute can disenfranchise every citizen […]
As we discussed in our previous article, the issue in the current stage of the lawsuit challenging a Texas law requiring ID to visit some websites is what standard — “strict scrutiny” or “rational basis” review — courts should use to evaluate the Constitutionality of government-imposed restrictions on the exercise of First Amendment rights. But […]
In recent overviews, we’ve discussed the barriers to getting a passport or state-issued driver’s license or ID card (especially in states that have chosen to participate in the national REAL-ID system and database) and the difficulties faced by travelers without ID. Some cities, notably including New York and San Francisco, have attempted to mitigate the […]
In our previous article, we looked at the state of ID requirements and the the right to international travel for U.S. citizens. What about domestic travel within the USA without ID? Flying? Domestic US airline passengers are subject to demands for ID by airlines and the TSA. These demands are of dubious validity, and have […]
The 11th Circuit Court of appeals has ruled that it is clearly established law that even in a state with a “stop-and-identify” law, and even if police reasonably suspect you of a crime, police may not require you to show ID or arrest you if you refuse to do so. We don’t think people should […]
Soccer fans have been noticing unusually large amounts of stoppage time added on to extend the final whistle in many of this year’s World Cup matches. But FIFA and World Cup referees have nothing on the US Department of Homeland Security when it comes to extending the end of the game of REAL-ID chicken […]
The triennial general assembly of the International Civil Aviation Organization (ICAO) is underway in Montreal for its first session since the outbreak of COVID-19, with speakers at its opening plenary last week including US Secretary of Transportation Pete Buttigieg. It’s been many years since the US delegation to an ICAO meeting has included a Cabinet […]
The Department of Homeland Security has added a Countdown to REAL ID Enforcement at airports to its website. But questions remain as to what this really means, despite our best efforts to find out. What — if anything — will really change at Transportation Security Administration checkpoints when this countdown clock runs out on May […]
The IRS is reportedly reconsidering its previously-announced plan to require taxpayers to share facial images and other personal data with an unregulated private company, ID.me, in order to file tax returns online or access information about their filings, payments, and returns through the IRS website. The hesitation by the IRS comes after ID.me was caught […]
As we have long feared, and as has already happened in other countries, COVID-19 vaccination requirements are being used to impose unrelated ID requirements. There’s a difference between “unvaccinated” and “undocumented” — a difference that’s gotten lost in some recent regulations and orders imposing “vaccination mandates”. Case in point: the San Francisco Department of Public […]