Thursday, October 24, 2024

TSA proposes new rule that could change how REAL ID deadline is enforced next year

The Transportation Security Administration (TSA) has recently proposed a new rule that could potentially change the requirements for travelers at the REAL ID deadline next year. While the deadline of May 7, 2025, remains in place, the TSA has suggested a plan that would delay full enforcement for an additional two years.

This does not mean that travelers will not need their REAL ID until 2027. The agency has stated that travelers without a compliant ID or another acceptable form of identification after the May 7, 2025 deadline could face delays at airport security checkpoints. This could result in warnings or progressive consequences for those without a compliant ID.

The proposed plan is for a phased enforcement approach. TSA Administrator David Pekoske stated, “TSA is engaging with the public, licensing jurisdictions, and states to facilitate a smooth transition to REAL ID enforcement beginning May 7, 2025. REAL ID provides an important security enhancement, and this rule allows us to plan for a range of scenarios to help minimize the potential impact to travelers, industry stakeholders, and states during implementation.”

The specifics of the phased approach are still being decided. TSA has provided one example that would allow agencies to issue warning notices, similar to a three-strikes system. This would enable agencies to begin enforcement without immediately denying access to individuals with noncompliant identification on the card-based enforcement deadline.

The proposal states, “Agencies may choose to refer to the notice issued to an individual presenting a noncompliant card for the first time as a ‘warning’ and a notice issued on a subsequent instance counting against that individual’s limit as ‘counseling’. Upon the third instance, the individual would be issued a ‘final’ notification that their State-issued DL/ID is noncompliant and can no longer be used for the REAL ID official purpose. The Federal agency would deny access to the individual at that time and on all future instances unless the individual obtains a REAL ID or presents an alternative, acceptable form of identification.”

The agency’s proposal is a result of concerns over what could happen if they must deny entry to those not complying starting in 2025. TSA stated, “There is a real possibility of disruptions.” These concerns include fears of a surge in people needing REAL IDs, which could lead to backlogs at state facilities and issues at security checkpoints.

In Illinois, Secretary of State Alexi Giannoulias has acknowledged the slow pace of obtaining REAL IDs and is stepping up efforts to ensure that residents get compliant identification prior to next year’s deadline. In an interview with NBC Chicago, Giannoulias stated, “We feel pressure. We are tremendously concerned about what happens next May, and that’s why we’re out there now, a year ahead of time, trying to convince people of the importance of getting this done before the last minute. Our facilities will swell up, and it will be a problem if people don’t get out and get their REAL IDs.”

Giannoulias emphasized the need for compliant IDs to travel domestically and to enter courthouses and other public property. He also highlighted the fact that on May 8, 2025, individuals will not be able to board a domestic flight without a REAL ID or passport, which could lead to a lot of upset travelers.

These concerns are what the TSA is hoping to avoid. The agency stated, “Recognizing these challenges and the uncertainty in the number of individuals Federal agencies may encounter who do not have a REAL ID or other acceptable identification on May 7, 2025, Federal agencies would benefit from added flexibility to implement enforcement of the REAL ID regulations in a manner that takes into account relevant factors including security, operational feasibility, and public impact.”

The REAL ID Act was passed by Congress in 2005 as a response to the 9/11 Commission Report, with the aim of increasing the security of identification documents and making them more difficult to duplicate. Starting on May 7, 2025, REAL ID-compliant identification will be required for residents who plan to fly domestically. They will also be required when entering federal and state facilities, including courthouses and prisons, as well as secure facilities like nuclear power plants.

All residents 18 and older who intend to fly domestically or enter these types of facilities will be required to obtain REAL ID-compliant cards. A full list of identification required to obtain a REAL ID can be found on the state of Illinois’ website. The cards can be obtained at

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