The Biden administration on Thursday proposed delaying full implementation of new ID rules that would allow Americans to board planes and enter federal buildings for another two years.
Federal standards for issuing the IDs were approved by Congress in 2005 following recommendations from a commission set up to determine security measures after the Sept. 11, 2001, terrorist attacks. But implementation has been delayed multiple times, most recently in December 2022, with a deadline set to May 7, 2025. Now, the Biden administration is seeking to extend that until May 7, 2027.
The Transportation Security Administration (TSA) issued a “Notice of Proposed Rulemaking” on Thursday, one day after the 23rd anniversary of the 9/11 terrorist attacks.
The TSA emphasized that the proposed rule does not extend the expiration date of REAL ID.
The notice is intended to ensure that federal agencies “have appropriate flexibility to implement the card-based enforcement provisions of the REAL ID Regulation after the May 7, 2025 implementation deadline by expressly permitting them to implement card-based enforcement in a phased manner,” according to a summary of the proposal. “This rulemaking proposes that agencies may implement the card-based enforcement provisions through a phased implementation plan, as they determine is appropriate after considering relevant factors, including security, operational feasibility, and public impact.”
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TSA checkpoint security screening, Real ID sign at Miami International Airport. (Jeffrey Greenberg/Universal Images Group via Getty Images)
“The proposed rule would also require agencies to coordinate their plans with DHS, publish the plans, and have them fully implemented by May 5, 2027,” the summary said.
Passed by Congress in 2005 following recommendations from the 9/11 Commission, the REAL ID Act establishes minimum security standards for state-issued driver's licenses and identification cards, including implementing anti-counterfeiting technology, preventing insider fraud, and using documentary evidence and records checks to verify identity, according to the Department of Homeland Security.
According to the DHS website, the new regulations require “all travelers 18 years of age or older to present a REAL ID-compliant driver's license or identification card, a state-issued enhanced driver's license, or another form of identification acceptable to TSA at airport security checkpoints for domestic air travel.”
Miami International Airport security screening information. (Jeffrey Greenberg/Universal Images Group via Getty Images)
“TSA is working with the public, licensing jurisdictions and states to facilitate a smooth transition to REAL ID implementation starting May 7, 2025,” TSA Administrator David Pekoske said in a statement. “REAL ID provides an important security enhancement, and this rule allows us to plan for a variety of scenarios to minimize the potential impacts on travelers, industry participants and states during implementation.”
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As of Thursday morning, the Department of Homeland Security's website listed the countdown to REAL ID implementation as 237 days.
“Beginning May 7, 2025, U.S. travelers will be required to comply with REAL ID to board domestic flights and access certain federal facilities,” the website states.
Transportation Security Administration Administrator David Pekoski testifies before the Senate Subcommittee on Surface Transportation, Merchant Marine Infrastructure, Safety, and Security on Capitol Hill in Washington, DC on January 23, 2018. (Chip Somodevilla/Getty Images)
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In December 2022, Homeland Security Secretary Alejandro Mayorkas announced that the Department of Homeland Security would extend the full implementation date of REAL ID by 24 months, from May 3, 2023 to May 7, 2025, citing state driver's license issuing agencies struggling to process backlogs created by the COVID-19 pandemic.
“This extension will allow states the time they need to help their residents obtain REAL ID-compliant licenses or identification cards,” Mayorkas said at the time. “Homeland Security will also use this time to implement innovations to make the process more efficient and accessible as we continue to work to ensure Americans can travel safely.”
