The Biden administration, in characteristic manner, is seeking to delay the enforcement of the Real ID rules for domestic air travel and access to federal properties. Insiders suggest that Biden is content with the May 7, 2025 deadline for common citizens to secure a Real ID, but is opting to give federal agencies until May 7, 2027 to fully enforce the regulations. This could be seen as another attempt by the administration to postpone crucial regulatory statutes, and casts doubts on their commitment to achieving tangible results.
The Transportation Security Administration (TSA), in response, issued a ‘Notice of Proposed Rulemaking’, emphasizing that the deadline for Real ID is still firmly in place. However, it’s interesting how they treaded lightly around the enforcement aspects. Their official statement alluded to providing federal agencies the ‘flexibility’ to implement card-based enforcement in phases post the May 7, 2025 deadline. A subtle hint, perhaps, at their delayed plans for enforcement.
The TSA’s proposal suggests that federal agencies could use ‘a phased enforcement plan’ depending upon security considerations, operational feasibility, and public impact. The onus of these considerations seems to be shifted onto the agencies, which might result in further delays or lack of uniformity in implementation.
The proposed rule also sets a requirement for federal agencies to coordinate their plans with the Department of Homeland Security (DHS), make these plans publicly available, and accomplish total enforcement by May 5, 2027. Although this sounds like an orderly plan, the suggested coordination with the DHS and public disclosure may merely be rhetoric given the track record of the current administration.
It’s worth noting that the Real ID Act, enacted by Congress in 2005 based on the 9/11 Commission’s recommendation, was designed to set federal standards for identification, such as driver’s licenses and ID cards, for domestic flights and access to federal facilities. This essential law ensures minimum security norms for issuing licenses and for their production, while prohibiting federal agencies from accepting noncompliant driver’s licenses and identification cards for official use.
However, what might come as a surprise to none, is the continued delay in enforcing these regulations. It almost seems as if the Biden administration is playing a delay tactic on these security measures. The most recent delay was excused as a response to national motor vehicle department backlogs that had their roots in the COVID-19 pandemic.
Permanent residents and citizens alike have been scratching their heads at this new regulation stipulation. In the guise of enforcement, travelers who are 18 years or older will now need to possess a federally compliant Real ID driver’s license or identification card in order to fly domestically, enter a federal courthouse or fort, and for access to nuclear facilities. This might seem like a tall order for a populace still grappling with the pandemic’s repercussions.