The Enhanced Drivers License Law: Who Approved It?

who pased the enhanced drivers license law

The REAL ID Act, passed by Congress in 2005, established minimum security standards for state-issued driver's licenses and ID cards. The Act also prohibits federal agencies from accepting non-compliant IDs for official purposes. An Enhanced Driver's License (EDL) is a state-issued enhanced driver's license that functions as both a driving license and an identity card with limited passport features. EDLs are available to US citizens in Michigan, Minnesota, New York, Vermont, and Washington. While Ohio passed a law in 2023 to offer EDLs, they are not yet available to residents.

Characteristics Values
What is an Enhanced Driver's License (EDL) A card that functions as both a driving license and identity card with limited passport features
Who can obtain an EDL U.S. citizens who reside in Michigan, Minnesota, New York, Vermont, and Washington
Ohio passed a law in 2023 to offer EDLs, but they are not yet available
In 2015, California passed a bill to implement EDLs, but it was vetoed by Governor Jerry Brown over privacy concerns
Quebec, Ontario, British Columbia, and Manitoba (the last province accepting new applications) in Canada have discontinued the EDL program
REAL ID Act Passed by Congress in 2005, enacted the 9/11 Commission's recommendation that the Federal Government set standards for the issuance of sources of identification, such as driver's licenses
Requires proof of identity, date of birth, social security number, lawful status, and primary residence address
Prohibits federal agencies from accepting for official purposes licenses and identification cards from states that do not meet these standards
Starting May 7, 2025, only REAL ID-compliant identification will be accepted to fly within the U.S. and enter certain federal buildings

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The REAL ID Act

The Act also requires states and territories to share their identification databases. However, states and territories are still permitted to issue identification documents that do not meet REAL ID requirements, provided that the document states that it may not be accepted for federal purposes.

Starting May 7, 2025, all state and territory residents will need to present a REAL ID-compliant license or another acceptable form of identification, such as a passport, for accessing federal facilities, boarding commercial aircraft, and other official purposes.

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EDLs in the US

An Enhanced Driver's License (EDL) is a state-issued card that functions as both a driving licence and identity card with limited passport features. EDLs are only available to US citizens who can provide proof of citizenship and residency in the issuing state. Currently, EDLs are available in Michigan, Minnesota, New York, Vermont, and Washington. Ohio passed a law in 2023 to offer EDLs, but they are not yet available to residents of that state.

In 2015, the California legislature passed a bill to implement EDLs, but it was vetoed by Governor Jerry Brown over privacy concerns surrounding the radio-frequency identification (RFID) chip used in the EDL. At the time, the ACLU was actively working to oppose the roll-out of EDLs, arguing that the RFID chips could be used for tracking and racial profiling.

The EDL was designed by the federal government with several security features, including a machine-readable zone like a barcode on the back of the card, and an RFID tag that can speed up identification checks at border crossings. The RFID tag contains a unique reference number that is linked to the holder's information in a secure Customs and Border Protection database. This number is transmitted to the database using data encryption, secure networks, and firewalls to protect the information.

In addition to their use in the US, EDLs are also issued in several Canadian provinces as an alternative to a Canadian passport. Holders of Canadian EDLs can present them when entering the US from Canada, Mexico, or the Caribbean through a land or sea port of entry.

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EDLs in Canada

An Enhanced Driver's Licence (EDL) is a card that functions both as a driving licence and an identity card with limited passport features. EDLs are issued in some states in the US and were formerly issued in some provinces in Canada.

In the US, EDLs are available to citizens who reside in Michigan, Minnesota, New York, Vermont, and Washington. Ohio passed a law in 2023 to offer EDLs, but they are not yet available to residents. In 2015, the California legislature passed a bill to implement EDLs, but it was vetoed by Governor Jerry Brown over privacy concerns surrounding the radio-frequency identification (RFID) chip used in the EDL.

In Canada, EDLs were introduced as an alternative to Canadian passports. Four Canadian provinces offered EDLs to Canadian citizens: British Columbia, Manitoba, Ontario, and Quebec. Citizens could present an EDL when entering the US from Canada, Mexico, or the Caribbean through a land or sea port of entry. The cards use a unique identification number that links to information contained in a secure DHS database, rather than storing personally identifiable information (PII) on the card's RFID chip.

Quebec was the first province to discontinue the EDL program in 2014, citing low demand as the reason. Ontario terminated the program in June 2019 to save costs, and British Columbia announced in early 2021 that it would be phasing out EDLs. Manitoba, the last province to accept new applications, announced in February 2021 that it would discontinue the enhanced driver's licences and enhanced identification cards in 2022.

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Texas and the REAL ID Act

The REAL ID Act is a coordinated effort by the states and the federal government to combat terrorism, identity theft, and other crimes by strengthening the integrity, accuracy, and security of the driver's license and identification card issuance process. The Act was passed by the U.S. Congress in 2005 as part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and the Tsunami Relief Act.

Texas is one of the states that has chosen to comply with the REAL ID Act. This means that Texas driver's licenses and identification cards are accepted for federal identification purposes, such as boarding domestic flights and entering federal facilities. Texas residents can use their current, unexpired driver's license or identification card for these purposes until May 7, 2025. After this date, only REAL ID-compliant forms of identification will be accepted for official federal government purposes. Texans whose cards expire after May 7, 2025, and who wish to obtain a REAL ID-compliant card, can request a duplicate card in person or through Texas.gov.

The Texas Department of Public Safety is committed to protecting the citizens of Texas by only licensing individuals who are properly identified and can demonstrate their ability to safely operate a motor vehicle on public roadways. The REAL ID Act established new minimum issuance standards that Texas must follow, including requiring proof of identity, date of birth, social security number, lawful status, and primary residence address. Additionally, the state must verify the authenticity of the documents presented for issuance and incorporate additional security features into the card.

Texas driver's licenses and identification cards that are REAL ID-compliant have a star in the top right corner. Texans can continue to use their current, compliant cards for federal identification purposes until they expire. If a card does not have a star, it can still be used after May 7, 2025, but only for state-related purposes such as driving, banking, and voting. To obtain a REAL ID-compliant card, Texans can apply for a new Texas driver's license or ID in person at a Texas Department of Public Safety (DPS) office. It is also possible to renew an existing Texas driver's license or ID online.

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EDLs and privacy

Enhanced Driver's Licenses (EDLs) are state-issued enhanced driver's licenses that provide proof of identity and U.S. citizenship when crossing the U.S. border by land or sea. They are currently available to residents of Michigan, Minnesota, New York, Vermont, and Washington. Ohio passed a law in 2023 to offer EDLs, but they are not yet available to its residents.

EDLs include a Radio Frequency Identification (RFID) chip that signals a secure system to pull up the biographical information of the holder. This technology is designed to speed up identification checks at border crossings. The RFID chip contains a unique reference number that is linked to the holder's information in a secure DHS database. This number does not contain any personally identifiable information (PII).

While EDLs are designed to enhance security and make travel easier, there have been concerns about the potential privacy risks associated with the RFID chip. In 2015, the California legislature passed a bill to implement EDLs, but it was vetoed by Governor Jerry Brown due to privacy concerns surrounding the RFID chip. The American Civil Liberties Union (ACLU) also opposed the roll-out of EDLs, arguing that the RFID chips could be used for tracking and racial profiling.

To address privacy concerns, measures have been implemented to protect personal information. For example, data encryption, secure networks, and firewalls are used to safeguard information during transmission. Additionally, Washington State encrypts personal identifying information transmitted between the state and border agents, and uses a dedicated and secure circuit to send the unique reference number to the Customs and Border Protection network.

It is important to note that EDLs are not mandatory, and individuals can choose whether or not to obtain one. Individuals can still use their passports or other accepted forms of identification for travel and identification purposes.

Frequently asked questions

An enhanced driver's license (EDL) is a card that functions as both a driving license and an identity card with limited passport features. It is issued in some states in the United States and was formerly issued in some provinces in Canada.

The REAL ID Act was passed by the US Congress in 2005. It established minimum security standards for state-issued driver's licenses and identification cards. It also prohibits federal agencies from accepting cards for official purposes from states that do not meet these standards.

An EDL is a state-issued enhanced driver's license that provides proof of identity and US citizenship. A REAL ID is a federally compliant DMV-issued driver's license that is required to board a domestic flight or enter certain federal buildings unless you have a valid passport.

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