The Waterkooler

Congress nears passage of controversial Real ID legislation.

Read the bill here

The "Real ID" program aims to take driver's licenses out of the hands of anyone who cannot prove they are in the United States legally. By so doing, supporters argue that illegal aliens would not be able to board airplanes or gain access to government buildings by using a state driver's license as identification.

"Eighteen of the 19 (Sept. 11) hijackers could've used their passports but chose instead to use state-issued ID and driver's licenses and it allowed them to get on the planes without detection," said Jeff Lungren, spokesman for the House Judiciary Committee.

Chairman of the House Judiciary, Congressman James Sensenbrenner, says,

"This legislation is aimed at preventing another 9/11-type attack by disrupting terrorist travel and bolstering our border security. Giving drivers' licenses that can be used as identification to anyone, regardless of whether they are here legally or whether we know who they really are, is an open invitation for terrorists and criminals to exploit. The REAL ID will help shut down 'Smugglers Gulch' along our border so law-abiding American citizens are better protected from terrorists, drug smugglers, alien gangs, and violent criminals seeking to operate in the U.S. The 9/11 Commission stated it well: 'It is elemental to border security to know who is coming into the country.'"

Critics of Real ID complain it would basically establish a national identification program and will be a bureaucratic nightmare for states to enforce and that a central database would be vulnerable to identity theft.

State officials are concerned that a move by Congress to discourage illegal immigration by requiring license applicants to produce four types of identification could lead to long waits and a cumbersome, confusing process to get a driver's license or an official state ID.

Other provisions of the bill would make it tough for illegal aliens who are seeking asylum.

"We're talking about very substantial changes that are going to seriously erode the ability of asylum-seekers to get safe haven in the United States," said Tim Edgar, who specializes in national security issues for the American Civil Liberties Union.

Brief Highlights of the REAL ID (as included in the conference report):

Strong security standards for the issuance of drivers' licenses

-- All states must require proof of lawful presence in the U.S. if their drivers' licenses are to be accepted as a form of identification to a federal official. The conference report clarifies that getting aboard a commercial airplane or entering a federal building or a nuclear power plant are among the official federal purposes. States must comply within 3 years of law's enactment.

-- The agreement clarifies that states can issue a second tier of drivers' licenses (approach taken by Tennessee and Utah) that would not be valid for official federal purposes and that do not have to meet the issuance standards. The terms of these cards would be a maximum of one year.

-- Temporary driver's license issued to a foreign visitor by a state must expire when the visitor's visa expires, with a maximum term of one year.

-- Does not create a national ID card or a national database. Does compel the states to improve the data security of information that states already hold about their citizens, and requires the states to improve the physical security of the buildings where data is stored.

Asylum Reform

-- Tightens the asylum system abused by terrorists by allowing immigration judges to determine witness credibility in asylum cases. In assessing witness credibility, requires the trier of fact "(c)onsider() ... the totality of the circumstances, and all relevant factors." With respect to statements, the trier of fact is to "(c)onsider() the circumstances under which the statements were made." Provides that corroborating evidence is not required if the applicant does not have the evidence and cannot reasonably obtain it.

Closing the 3-Mile Hole in the fortified U.S./Mexico Border Fence Near San Diego

-- Provides the Secretary of Homeland Security the ability to waive laws necessary to complete border fences and roads to improve national security. Allows for Federal judicial review of Secretary's actions, but only for constitutional claims such as takings of private property.

Inadmissability and Deportation of Terrorists

-- Ensures all terrorism-related grounds of inadmissability to the U.S. are grounds for deportation from the U.S. Conference report allows the Secretary of State or the Secretary of Homeland Security to waive some of the new grounds of inadmissability. Congress must be given periodic updates on who receives waivers.

Judicial Review of Removal Orders

-- Provides reforms to ensure the prompt removal from U.S. of terrorists and criminal aliens, after the proper judicial review. By restoring judicial review to its former, settled forum, all aliens ordered removed by an immigration judge will be able to appeal to the Board of Immigration Appeals and then raise constitutional and legal challenges to the circuit court, the second-highest courts in the U.S.

Congressman James Sensenbrenner supports the bill.

The ACLU does not.