A few years after the tragic events of September 11, 2001, Congress passed the Real ID Act to create a set of requirements for proper identification at airports (among other facilities). Twenty years later and, while all states are now compliant with the law, the new “Real ID” is still not required for air travelers. Delay after delay has caused the Transportation Security Administration (TSA) to push back implementation. Now, with a deadline of May 7, 2025, that could be up in the air again.
One day after the 23rd anniversary of 9/11, TSA proposed a rule that would give federal agencies more time to acclimate to the implementation of Real ID. What does this mean? Well, TSA says, “the proposed rule does not extend the REAL ID deadline,” but it also would “provide flexibility by permitting agencies to, for a period of up to two years, implement Real ID card-based enforcement using a phased approach.”
The reasoning for this “phased approach” is that due to continued delays, “the public may continue to expect that additional extensions are likely and not feel urgency to obtain a Real ID.” And, as of January 2024, only 56 percent of driver’s licenses/IDs in circulation nationally are Real ID-compliant. So, as the deadline approaches, the Department of Homeland Security (DHS) believes this surge in applications could overwhelm states and result in backlogs and delays in Real ID issuance. DHS expects this to “raise serious concerns related to security, agency operations and potential impact to the public.”
In other words, upon implementation—at airports, for instance—those with Real IDs will be able to transit security as they normally would. Those without them can “anticipate consequences for presenting a non-compliant driver’s license/ID.”
By way of background, the Real ID Act was passed in 2005 with a full set of requirements detailed in 2008. States began complying in 2012 and enforcement began in 2014 for certain facilities. Delays pushed back total implementation several times, including to 2020 and 2024, before again being set for its current May 2025 enforcement.
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