Return to DMV Hell
One of the great government success stories at the state level in recent years has been the streamlining of the driver’s license application and renewal process so that the endless DMV lines of the past – which fueled public hostility toward government – became far shorter and less hassle-laden in most places. But the REAL ID Act of 2005, which will begin to take effect next year, will totally trash that progress. Since the Department of Homeland Security issued proposed REAL ID regulations in March, states have been justifiably rebelling at unworkable rules guaranteed to make trips to the DMV more Kafkaesque than ever before. And there’s little reason to believe that all of the mishigas will do anything to make us safer, which was the ostensible rationale for the law.
REAL ID sets standards for the states to use when issuing driver’s licenses and other identification that individuals would need to fly on a commercial plane, enter a federal building, open a bank account, and other activities in which the federal government is involved. The pending immigration legislation in the Senate would require job applicants to present employers with either a REAL ID or a passport. So while states aren’t obligated to comply with the act, their residents are apt to become rather annoyed if they can’t board an airplane, collect Social Security checks, or, if the immigration bill passes, work.
But as detailed in a Governing magazine cover story titled REAL Nightmare, the DHS rules require state DMVs to verify the validity of documents like birth certificates and utility bills that individuals must present to obtain a REAL ID. That verification process would require huge increases in state personnel and spending on new technological capabilities, while forcing drivers who now receive their renewed licenses in the mail to come armed with documents in person. As a result, an additional 30 million people are expected to show up at DMV offices around the country over the next five years, increasing the workloads of those departments by 132 percent. The overall additional cost to the states is estimated to be between $10.7 billion and $14.6 billion, plus an additional $7.8 billion to be paid directly by individual ID applicants. The act allocates just $120 million in new federal funds.
Last week, South Carolina joined New Hampshire, Washington, and Montana in opting out of REAL ID, and many other states have adopted or are considering adopting measures urging Congress to repeal the law. In and of itself, the decision of some states against participating undercuts its feasibility. If someone born in a state that has opted out of the system applies for a REAL ID in a state that does comply with the act, there would be no way for the DMV to verify that individual’s birth certificate. There’s no national database of birth certificates, and many states have only paper records that have not been converted into electronic files.
For all the effort and cost involved, the new system seems unlikely to be of much help in deterring terrorists. The regs include an exemption for individuals who do not have access to the original documents required to obtain an id, which includes a significant portion of the population. So that’s one loophole for bad guys to exploit. Perhaps even more importantly, the creation of huge new databases required of states presents additional opportunities for identity thieves, including would-be terrorists. The DHS regulations say that encryption standards and other methods of securing data are “outside its authority to address.” The DHS is revising the proposed regulations in response to reams of public comments, and it is allowing states to delay implementing the law, but the fundamental flaws with the legislation aren’t going to disappear.
As deliberations over immigration reform continue, if you care about the public’s opinion of government regardless of where you stand on immigration policy, pay close attention to whether proposed changes are remotely workable in practice. Because if they aren’t, as in the case of REAL ID, the damage will extend far beyond the matter at hand to deepen general disdain for government.















Re: while forcing drivers who now receive their renewed licenses in the mail to make two trips to the DMV – once to present their documents and again to pick up their license after the verification process is eventually completed.
Why would you have to go back to get the license? Wouldn't they just mail it to you? That's how it worked in the bad old days when you went in, took the test, had your picture taken, then waited a couple weeks for your new license to show up in the mail.
June 19, 2007 8:52 AM | Reply | Permalink
If states can opt out of REAL ID, the whole thing becomes an exercise in futility. Sounds to me like the program might as well be scrapped because it obviously can't do what it is supposed to do.
Unless the program is really supposed to direct dollars into certain people's pockets, in which case its effectiveness is irrelevant. Who exactly will get the roughly $20bn that REAL ID is expected to cost (if I understood the article correctly)?
June 19, 2007 9:00 AM | Reply | Permalink
JPF311, I deleted the clause you mentioned because after double-checking I learned that there's ambiguity on this point. Thanks--Greg
June 19, 2007 9:03 AM | Reply | Permalink
Everytime I hear about one of these programs it reminds me of that scene in the old movie where the train comes into the station and the heroine tenses up as the well uniformed authorities check everyone's papers. Will she be flagged and taken away, or will the officer hand back her papers and move on. It's that moment of terror that then collapses as the papers pass inspection and the guards move to the next train card.
I understand the need for security, but what is happening to our country? Think I'll go home, make a V&T and watch BRAZIL.
/c
In the blogosphere every one is an expert, so no one is an expert.
June 19, 2007 10:04 AM | Reply | Permalink
I just watched Brazil the other night.
Unfortunately, it didn't seem nearly as absurdist as it once did. Some parts evoked more of a "Oh yeah, I've had that happen to me" feeling.
June 19, 2007 10:50 AM | Reply | Permalink
"I'm sorry, I can't even begin to process your driver's licence application without a 27b/6 from DHS"
June 19, 2007 11:05 AM | Reply | Permalink
Bad driving kills about 40000 people per year; the terrorists have got a lot of catching up to do (what makes the deaths they cause so special, anyhow?)
If we wanted to effectively save lives, we'd make driver's licenses harder to get because of (lack of) driving skills, not (lack of) papers.
June 19, 2007 11:17 AM | Reply | Permalink
I agree with all the dire predictions of chaos if this ill-conceived program is implemented. The equally poorly planned rules requiring passports for travel to Mexico, Canada and the Caribbean increased the volume of applications to the point that the passport office is admitting to delays of 10-12 weeks for passport applications and renewal. It is well past 13 weeks since I submitted my renewal, and I'm still waiting.
I remember with dread the DMV lines in New York, in the days when all license plates expired every December 31. This current system is very likely to be déja vu all over again.
June 19, 2007 11:17 AM | Reply | Permalink
It is well past 13 weeks since I submitted my renewal, and I'm still waiting.
Another anecdote: My wife and I commit to a trip to the UK. We discover--oh no!--that her passport has expired and there's only five weeks until we fly. The U.S. passport Web site says that the turnaround time is six weeks, but if we pay an extra $67 plus overnight shipping we'll get expedited service, which should take only two weeks. Ten days later, my wife has a new passport. Meanwhile a friend who sent in her non-expedited renewal three months ago is still waiting. While I was grateful this worked out for us, I'm not a big fan of two-tiered government services or of unknown and highly variable wait times.
June 19, 2007 12:25 PM | Reply | Permalink
I'm not sure about this, but from what I read when this was passed the birth certificate passport aspect of this would apply only to first time applicants. Everyone else might get off with just showing an existing valid US drivers license and a social security card. Or at least it would work this way in states that are already verifying social security numbers at the DMV. All states are required to collect SS#s, not because of terrorism, but because of laws on delinquent child support. About half the states verify the numbers (match name to number via the SSA, which is fairly instantaneous, unless there's a no match), and I know, for example, that OH and FL do this, as I have lived and had driver licenses in both states. So you would not necessarily go through the whole rigamarole everytime you renewed, in fact you might never go through it all. Still, it's going to be a huge hassle at least for the states and the DMVs to validate birth certificates as the original poster pointed out, and it may not be doable. Even the Passport Office recognizes this and does not insist on a birth certificate, but will allow other sorst of documents to substitute when necessary. This is huge unfunded mandate, dreamed up by a certain Congressman Sensenbrenner, a man with notably fascistic tendencies (and that is a word I use but rarely). It should be dumped. If someone can convince me that we need a national ID card, fine, then let the federal government undertake the hassle and expense of creating one.
June 19, 2007 12:40 PM | Reply | Permalink
If you want a preview of what is to come for all states, check out what happened in Colorado under a state law requiring steps to be taken to reduce false ids. Then the DMV took it one step further and created their own regulations to enact this. Now you have all sorts of US citizens in the state but unable to get a drivers license because:
a. A passport is not accepted as an identity document
b. Only birth certificates from a state/county are allowed (what about those states that the system is based around the city? the answer so far has been "tough luck")
c. Certain out of state identification documents were not accepted due to higher probability of fraud.
The governor recently vetoed the repeal of the law but promised to get the DMV to get back in line with some sense of reasonableness. We'll see...
June 19, 2007 12:59 PM | Reply | Permalink
Complaints about Real ID might be taken seriously if the same people complaining weren't also strong supporters of illegal immigration.
If you want to oppose Real ID and be taken seriously, couple it with (real) opposition to illegal immigration.
June 19, 2007 1:18 PM | Reply | Permalink
Isn't this just a wolf (national id) in sheep's clothing (secure driver's license) that gives Republicans and like minded Dems the ability to self-righteously oppose national id cards by name?
If we need a national id for national security or any other reason then wouldn't it be much better to create one centralized infrastructure than to expect 50 states to go to the expense and inconvenience of doing it separately while simultaneously screwing up the one area where citizens really do expect a bit of state level competence?
What am I missing here?
June 19, 2007 2:50 PM | Reply | Permalink
I agree with you, rb6. From a purely logistical standpoint, leaving political and privacy considerations aside entirely, a federally based infrastrusture tied to Social Security, the IRS, and the immigration agencies in DHS would be vastly more efficient and effective. But that whole national id concept seems too big-brotherish to be politically feasible. The conservatives pushing for this stuff can't even contemplate doing it at anything other than the state level, what with their devolution orientation and all. That said, a lot of libertarians have been among the most forceful opponents of REAL ID, along civil libertarians on the left.--Greg
June 19, 2007 3:17 PM | Reply | Permalink
Brazil was not exactly a fantasy. If people in, say, Soviet Union were allowed to watch Brazil when it was released, they would have found it eerily familiar. Which is exactly why they weren't allowed to watch it...
The point is that Brazil is not something outlandish, things like that have already happened and there's no reason to suppose they won't happen again. People absolutely are that stupid.
June 19, 2007 3:28 PM | Reply | Permalink
This must vary by region or how it's done because I submitted my renewal 10 days ago and received it yesterday, as did my husband. I used express mail and note "expedited" on outside of package, and enclosed prepaid express mail package for sending document back. So I don't know what's going on.
June 19, 2007 4:11 PM | Reply | Permalink
A United States passport is not acceptable? WTF?
June 19, 2007 4:13 PM | Reply | Permalink
rb6, Read the article I linked to from Governing magazine under the subheading "The Holdouts." There it explains that the standards for passports are less stringent because they don't try to verify birth
certificates. The double standard is yet another aspect that's pissing off the states.--Greg
June 19, 2007 4:31 PM | Reply | Permalink
Long lines? Hire more people to process applications. Too expensive? Charge a few more dollars per license. See, that wasn't hard.
June 19, 2007 4:57 PM | Reply | Permalink
But the guys in marketing say that the Global War on Traffic strikes out with focus groups.
June 19, 2007 5:02 PM | Reply | Permalink
I don't know, at the local level traffic is a huge issue...Requires further thought...! --Greg
June 19, 2007 5:16 PM | Reply | Permalink
Re: There it explains that the standards for passports are less stringent because they don't try to verify birth
certificates.
You're kidding! I guess I always assumed that the reason it took a while to get a passport (even before the current rush) was because someone somewhere was checking on the documents you submitted with the application and making sure they were genuine. Instead they're just twiddling their thumbs and playing WoW on their PCs at the Passport Office?
By the way, if someone has money to burn they ought sue Colorado for this as it's a clear violation of the US Constitution requiring states to recognize each other's public acts and rulings. I also can't believe it's constitutional for a state to reject a federal ID document like a passport (which are extremely hard to forge and would be easy to validate, presumably, with a quick call to the right office).
June 19, 2007 6:57 PM | Reply | Permalink
$15 billion / 150 million (apx drivers license holders) = 100 "few more" dollars... Let's not be confused.
June 19, 2007 8:18 PM | Reply | Permalink
In the last analysis this is nothing but a smokescreen for the U.S. government to establish a national tracking system of it's citizens, a way to track down anyone at anytime.
June 20, 2007 7:09 AM | Reply | Permalink
Wow. if that is indeed the case (only first-time applications need the extra ID) that would be the stupidest thing in the known universe. REAl ID is ostensibly necessary because current systems are too porous and have allowed too many people to get fake ID. So now we're going to reward everyone who has already managed to establish a fake identity by giving them a supposedly tamperproof unquestionable government affirmation of that identity. If some terrorist has managed to get fake ID in a name not on the no-fly list, they will forever after be waved right onto every plane. Five or ten years down the line someone will no doubt discover that there are plenty of fake REAL ID cards out there and press for REALLY REAL ID -- who knows, maybe tattoos at birth...
Meanwhile the enhanced checking process poses a serious risk for people who have been subjected to identity theft -- if they come to the DMV second, they could be the ones getting arrested.
June 20, 2007 7:44 AM | Reply | Permalink
Re: Wow. if that is indeed the case (only first-time applications need the extra ID) that would be the stupidest thing in the known universe.
That's pretty much true then: nothing in the act makes us safer. After all, the 9-11 hijackers had valid drivers licenses, not fakes. And they were not fraudulent licenses; they gave their real names, etc. The only part of Real ID that might have deterred a couple of them is a clause that requires temporary resident licenses to expire when the visa does. But otherwise had this bill been in effect in 2001, most of the 9-11 guys would have gotten on those airplanes just as easily as they did in fact.
By the way, a number of states (a majority?) already verify SS#'s with driver licenses and this has not proven to be burdensome (except in occasional cases where there are errors in the SSA database). That alone prevents people from just making up a fictitious name and SS number and getting a license in that identity. Seems to me that simply making this requirement general to all states (and requiring reasonably counterfeit-proof licenses) would solve much of the fake ID problem. Sure, someone can always get a license in another person's name if they also have their SS#, as ID thieves very often do, but nothing in Real ID prevents that; it just forces an ID thief to take the extra step of ordering a copy of their victim's birth cerificate, hardly a major roadblock.
June 20, 2007 10:23 AM | Reply | Permalink
Re: In the last analysis this is nothing but a smokescreen for the U.S. government to establish a national tracking system of it's citizens, a way to track down anyone at anytime.
That cat's already out of the bag. The IRS has your address, after all. Even if you move and don't change it till next tax filing time, your will probably change it with your employer and they'll get it from that source.
June 20, 2007 10:37 AM | Reply | Permalink
Thanks. I should have been more careful in my comment. I meant to suggest that traditional insanely long DMV lines should be avoidable. But the proposed security changes may be too cumbersome, intrusive, and expensive.
June 20, 2007 1:17 PM | Reply | Permalink
Eerily familiar because of the dystopia of the Soviet system, or because of the really cool reference to the steps scene in Sergei Eisenstein's classic BATTLESHIP POTEMKIN?
It's an awesome reference, right down the the janitor getting shot through his round glasses. Gilliam is just having too much fun.
/c
In the blogosphere every one is an expert, so no one is an expert.
June 20, 2007 2:18 PM | Reply | Permalink
The national ID requirement to get a job is by itself sufficient reason to deep-six the immigration bill.
National ID - NO!
Guest worker program - NO and NO!
June 20, 2007 8:20 PM | Reply | Permalink
Glad to help.
June 20, 2007 9:04 PM | Reply | Permalink
The weasel word in your analysis is "illegal" immigration. The reason we restrict immigration so severely is that we are Eurocentric Anglophiles. If we weren't so afraid that we might run into someone not quite as pure as ourselves, we could "oppose" illegal immigration by not making it so damned hard to be an immigrant.
June 20, 2007 9:11 PM | Reply | Permalink
Re: The reason we restrict immigration so severely is that we are Eurocentric Anglophiles.
We don't restrict immigration severely. There are millions of perfectly legal immigrants in this country, at a guess more (in absolute numbers, perhaps in relative percentages) than at any time in our history.
June 21, 2007 3:27 AM | Reply | Permalink
Your guess is wrong.
June 21, 2007 4:55 AM | Reply | Permalink
Those folks whose birth certificates were destroyed (fire, flood, etc) and were unable to get another copy from their state of birth (fire, flood, etc) must never have been born, then.
It seems kind of like, when there's no price tag on an item at the store, it must be free!
June 21, 2007 12:40 PM | Reply | Permalink
The 'hire more people', 'charge more' approach also did not work with passports, a system already in place and up and running. When you consider that REAL ID requirements would be more stringent than passports, and the sheer volume of all the driver's licenses compared to passports is substantial, there is reason to think REAL ID implementation would be even worse than the current passport fiasco. The key here is that the feds don't want passports for domestic flights really, they would have to process them. By making it the drivers licenses, they pass the law and leave the state's to administer and pay for it.
June 22, 2007 9:30 AM | Reply | Permalink
The feds were initially talking about using Radio Frequnecy ID in documents like REAL ID, which could push tracking to a whole new level. They realized this would be a deal breaker and it is not in their draft rules, although it is still getting rolled out in some new passports. Once the 'state's' licenses are under the thumb of DHS though, unless the final version is finite so the rules can't be changed later, it will be up to them to determine what encoding technology is used in the future.
June 22, 2007 9:36 AM | Reply | Permalink
The other side of that coin is that REAL ID might be taken more seriously if we had a border fence, adequate patrols, visa laws that were also enforced, etc. But DHS is pushing for REAL ID at the same time they have talked the talk but not walked the walk on border security. Its because they don't really want it. Something like REAL ID is a last ditch effort for when other methods fail. It is hard to support when first we don't even really try to lock the door.
June 22, 2007 9:40 AM | Reply | Permalink
Much of the money would end up going to new state employees, because the DMVs would have to hire so many more people. The other side would be all the money going to companies like Digimarc, who make the REAL ID cards. Google "Digimarc Lobbyist", they are pushing for REAL ID. So are all the 'smart card' outfits, RFID producers, etc. There is a lot of money to be made in identification.
June 22, 2007 9:46 AM | Reply | Permalink
Some of these older folks were born at home, I'm not sure if they ever got a birth certificate from a hospital. Even if we have biometric cards, the birth certificates aren't biometric (unless you count imprints of baby feet). If REAL ID is all premised on having to supply birth certificates, it seems they can be easily faked as well. ID is only as good as its source documents, and ultimately you would have to start at birth to ensure anything. Are fingerprints even fully formed at that time? Biometric pictures would certainly not work at that age.
June 22, 2007 9:52 AM | Reply | Permalink
I know that the form and process changes depending upon how long a passport has been expired. If you renew before expiration, or within the time frame allowed after expiration, it is a very simple process and form.
June 22, 2007 9:57 AM | Reply | Permalink
Remember too, that they say REAL ID is optional because you could also use a passport for "federal purposes'. Don't you use licenses to help get passports (along with birth certificates)? And after REAL ID, if you can't use a state license for a federal purpose, you can't use a non REAL ID license to get a passport. So it would all fall onto birth certificates, which I am guessing are easier to fake than licenses. So the next step in all this would be for biometric birth certificates. Considering kids aren't even fully formed yet, is that even possible?
June 22, 2007 9:58 AM | Reply | Permalink