THE REAL ID Act, passed 261-161 in the U.S. House in February, includes a complex array of provisions its sponsor says are designed to catch terrorists, but which seem more pointedly focused on curbing illegal immigration. That's not a bad thing, but this bill goes about it the wrong way.

One provision states: "Before issuing a driver's license or identification card to a person, the State shall verify, with the issuing agency, the issuance, validity, and completeness of each document required to be presented by the person..."

Those required documents are: a photo ID, proof of one's date of birth, proof of one's Social Security number or proof of ineligibility for one, and proof of residence.

Most states already require proof of citizenship and residency before granting a driver's license. But under this provision, DMV clerks would have to presume that all documents showing citizenship and residency are invalid, then spend as long as it takes to verify them. More than half of New Hampshire residents were born in other states. DMV clerks here would have to contact other states to verify birth certificates, then contact landlords, mortgage companies and utility companies to verify proof of residency. Think lines at the DMV are bad now? Just wait.

Under current law, state and federal officials have about three-and-a-half years to develop and make operational a set of standards for verifying the identity of driver's license applicants. The REAL ID Act would replace that law with a set of mandates from Washington with no input from the states, and require that it all get done in three years - just a few months earlier than the collaborative effort that involves state officials.

Furthermore, the bill would deny federal transportation funds to any state that does not join an international database that would share citizens' information with provincial and state officials in Canada and Mexico. That's not technically a national ID card - because it does not involve a card - but it is fraught with privacy dangers. What happens when drug lords bribe corrupt state officials in Mexico to get access to the database?

To top it all off, the act has been attached to a must-pass supplemental spending bill that appropriates money for the military. This is a cowardly tactic that reflects the Republican leadership's fear that the bill would not be able to pass on its own merits.

Some opposition to the REAL ID Act comes from groups that favor illegal immigration, which has caused some conservatives to presume it is therefore tough on immigration and worth supporting. But the bill also is opposed by the American Conservative Union. Though it does address some illegal immigration issues, its negatives outweigh its positives. And if it were truly tough on terrorists, it would reform the still-flawed visa application process, which the 9/11 hijackers exploited to get here. But instead of stopping terrorists from getting here in the first place, it would inordinately burden every U.S. citizen just to ensure that illegal immigrants don't get driver's licenses, which numerous teenagers can fake for about $20, once they are already here.

For all these reasons, senators should follow the lead of Sen. John Sununu and work to separate this legislation from the supplemental spending bill and see that it gets a thorough debate in the Senate. Perhaps it can be improved through amendment. If not, it ought to be killed. Existing legislation already addresses the driver's license issue. If it turns out to be insufficient, Congress can improve it. But replacing it with bureaucracy-heavy mandates from Washington before it has had a chance to work is foolish.

© 2005 Manchester Union-Leader

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