The Never-Ending Story of REAL ID: Why We’re Still Talking About It in 2025

The sun rises. Winter fades into spring. And the REAL ID deadline gets pushed back. These feel like unavoidable facts of life, but one of them has proven far more elusive than the others. The REAL ID Act, born from the ashes of the 9/11 terrorist attacks, has been a legislative and logistical quagmire for nearly a quarter of a century. Despite its noble intentions – to strengthen identity verification and enhance national security – the law has faced relentless delays, fierce opposition, and widespread confusion. As the (current) deadline of May 7, 2025, looms, questions remain: Why has this law been so difficult to implement? Why haven’t we abandoned it altogether? And what are the implications for our privacy, security, and freedom?

This week’s episode of "Explain It to Me" delves into the complex and often contradictory history of the REAL ID Act. We explore its origins, the challenges it faces, and the diverse perspectives of those who support and oppose it.

From 9/11 to REAL ID: A Response to Crisis

The story of REAL ID begins in the wake of the September 11th attacks. The 9/11 Commission, tasked with investigating the failures that led to the tragedy, issued a series of recommendations aimed at bolstering national security. Among these were proposals to secure airplane cockpits and improve identity verification procedures for airline passengers.

In response, Congress passed the REAL ID Act in 2005. The law mandated that states update their driver’s license and identification card requirements to include enhanced security features and data sharing capabilities. States were given three years to comply, but this deadline proved unrealistic, triggering a series of extensions.

The core idea behind REAL ID was simple: to create a more secure and standardized form of identification that could be used for federal purposes, such as boarding airplanes and entering federal buildings. The act required states to verify the authenticity of documents used to obtain IDs, store copies of these documents in a database accessible to other states, and incorporate anti-counterfeiting measures into the physical design of the cards.

Cracks in the Foundation: Doubts and Delays

Despite its seemingly straightforward goals, REAL ID quickly ran into significant obstacles. States balked at the cost and complexity of implementing the new requirements. Privacy advocates raised concerns about the potential for government overreach and the creation of a de facto national ID card. Civil liberties groups worried about the impact on vulnerable populations, such as transgender individuals and undocumented immigrants.

Justin Oberman, former TSA assistant administrator, acknowledges the inherent limitations of the REAL ID paradigm. While the intent was to prevent individuals with "nefarious intent" from obtaining official identification, he points out that the system doesn’t necessarily stop those who have already evaded law enforcement. "It doesn’t really matter if you are in fact who you say you are, if you have evaded the grasp of law enforcement," Oberman explains. This vulnerability, coupled with the practical challenges of implementation, has contributed to the law’s prolonged delay.

Udi Ofer, a former New York Civil Liberties Union attorney, highlights the broad spectrum of opposition to REAL ID. "When the law passed, there was an incredible ideological diversity in the voices of opposition," he says. This opposition stemmed from a variety of concerns, ranging from privacy and security to states’ rights and individual freedom.

A Critic Turned Issuer: Navigating the Realities of REAL ID

Shenna Bellows, Maine’s Secretary of State and former executive director of the ACLU in Maine, offers a particularly insightful perspective on the REAL ID Act. As an outspoken critic of the law, Bellows initially harbored deep reservations about its potential impact on privacy and civil liberties.

"We had two chief concerns about the Real ID Act," Bellows explains. "First, that the concept of a national ID card or a national driver’s license is really contrary to a free society. Second, from a practical perspective, creating a one-stop shop for identity thieves where authenticating documents will be housed from people all across the country raised concerns about individual privacy and security."

In 2016, Bellows ran for state senate and won. During her time in office, she actively campaigned for the repeal of REAL ID, even teaming up with Republican senators to call on President Trump to overturn the law.

However, Bellows’ perspective evolved when she became Maine’s Secretary of State, a position that includes overseeing the Bureau of Motor Vehicles and issuing REAL IDs. To better understand the process and address the concerns she had previously raised, Bellows decided to obtain a REAL ID herself.

"I wanted to see what was involved, see how hard it was, and then see what happened to my data," she says. Her experience gave her confidence in the professionalism and leadership of her team at the Maine Bureau of Motor Vehicles. While her personal experience didn’t change her fundamental belief that REAL ID should be repealed, it did inform her approach to implementing the law in Maine.

Bellows emphasizes the importance of choice and individual freedom. "In America, our lives have always been about options. The freedom to be who we are, to be ourselves, and to do what we want in a free society. And so, sure, I have a REAL ID, but it may not be for the person next to me. They may have valid privacy and civil liberties concerns that make them choose to opt out."

Kicking the Can No More? The Future of REAL ID

As the May 7, 2025, deadline approaches, the question remains: will REAL ID finally be fully implemented, or will it face yet another extension?

Carter Langston, TSA press secretary, argues against further delays. "Because that once again kicks the can down the road. And rather than do that indefinitely, we really do need to start doing something."

However, the challenges that have plagued REAL ID for the past two decades have not magically disappeared. States continue to grapple with the cost and logistical complexities of implementation. Privacy concerns persist. And the potential impact on vulnerable populations remains a significant issue.

Whether REAL ID will ultimately achieve its intended goals remains to be seen. What is clear is that the law has sparked a long and ongoing debate about the balance between security, privacy, and individual freedom in a post-9/11 world. As we move closer to the latest deadline, it is crucial to continue this conversation and ensure that any security measures we adopt are both effective and respectful of our fundamental rights.

You can listen to the full conversation on "Explain It to Me" on Apple Podcasts, Spotify, or wherever you get your podcasts. If you’d like to submit a question, send an email to [email protected] or call 1-800-618-8545.