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Washington State’s Rejection of REAL ID Act

Washington State Governor Chris Gregoire on Wednesday signed legislation opposing the REAL ID ACT. The bill prohibits state spending on implementation of the Act, unless the federal government addresses privacy and security concerns, unreasonable costs and record-keeping burdens that stem from implementation of the Act. Under the legislation, the state attorney general would also be allowed to challenge the Act’s constitutionality with the governor’s approval. Four other states, including Maine, Arkansas, Idaho and Montana have passed and more than 20 other states are considering similar measures.

The REAL ID Act, which was drafted after 9/11 and passed in 2005 as part of an emergency supplemental appropriations defense spending bill, calls for federal identification requirements as a way to discourage illegal immigration. The Act strives to prevent terrorists from fraudulently obtaining driver’s licenses and other government identification, as well as boarding airplanes and entering federal government buildings. Under the law, states would be required to develop a new driver’s license and personal identification card containing identifying information that is stored in a national database. States would then be required to obtain birth certificates and proof of citizenship and state residency from applicants and check such documents against the database prior to issuing the driver’s licenses or government IDs. The Department of Homeland Security recently extended the original compliance deadline of May 2008 by 18 months in response to concern and opposition by states.

See: http://www.helenair.com/articles/2007/04/19/montana/000agov.prt

http://jurist.law.pitt.edu/paperchase/2007/04/washington-governor-signs-legislation.php