One of the key provisions to the REAL ID law is that a compliant document establishes a person’s status as a lawful resident in the United States. In order to get a REAL ID-compliant identification document, applicants will have to provide their state ID issuer with proof of residence and proof of their lawful status in the U.S.
That means undocumented immigrants will not be able to lawfully obtain a REAL ID-compliant document, but it doesn’t mean they will be completely ineligible to receive IDs from the state in which they live.
According to the Department of Homeland Security, the REAL ID Act made a provision for this exact circumstance.
“REAL ID allows compliant states to issue driver’s licenses and identification cards where the identity of the applicant cannot be assured or for whom lawful presence is not determined,” the DHS website states. “In fact, some states currently issue noncompliant cards to undocumented individuals.”
A REAL ID-compliant document will still be required for travel and accessing other facilities, but DHS guidance specifies that law enforcement officers and other officials should not assume a person is undocumented or in the U.S. illegitimately, even if they are unable to present a REAL ID-compliant document.
“DHS cautions against assuming that possession of a noncompliant card indicates the holder is an undocumented individual, given that individuals may obtain noncompliant cards for many reasons unrelated to lawful presence,” the DHS website states. “Possession of a noncompliant card does not indicate that the holder is an undocumented individual, given that individuals may obtain noncompliant cards for many reasons unrelated to lawful presence.”
Zach Wichter is a travel reporter and writes the Cruising Altitude column for USA TODAY. He is based in New York and you can reach him at [email protected].
This article originally appeared on USA TODAY: Can undocumented immigrants get a REAL ID? Here’s what to know.
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