Sneaking through the legislative process without any congressional hearings or deliberations, the REAL ID Act became law before most members of Congress had a chance to review it. Latching on to the lapels of the May 2005 emergency spending bill, the Act exploited the fears many Americans still had after September 11. Touted as an anti terrorist and immigration reform bill, the Real ID Act has far greater ramifications. In addition to the multi billion dollar unfunded mandate to states, Real ID was also a giant step backwards for privacy. Citizens Against Government Waste (CAGW) issued a report on the program in October, 2005, titled: Real ID: Big Brother Could Cost Big Money.
A diverse group of organizations (such as CAGW, the American Civil Liberties Union and Cato) sent a letter to Michael Chertoff, Secretary of Homeland Security
Because of the fiscal pressure states battled this legislation. In particular, Governor Janet Napolitano of Arizona signed a bill that forbids Arizona from complying with the law.
Now in a strange twist of fate, Gov. Napolitano has been picked to run the Department of Homeland Security. And keenly, the New York Times has pointed out the quandary she might be in as it relates to Real ID:
As governor of Arizona, Janet Napolitano, President-elect Barack Obama’s choice for homeland security secretary, pledged that her state would not cooperate with a major domestic security initiative, the Real ID drivers’ license program.
The program, which she would direct if confirmed as secretary, imposes stringent requirements on states for confirming the identity and legal residency of people who want drivers’ licenses. Ms. Napolitano said the law would impose huge costs on the states without reimbursement from Washington.
Boy, this is a bit of a pickle. Which Janet Napolitano will be the Secretary of DHS, the brave Governor who fought an expensive and intrusive law or another soldier just following orders?
Let’s hope that she stands tall and is able to kill Real ID once and for all.
Filed under: Homeland Security, Privacy, REAL ID, Regulation, State Issues
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