Mississippi House Transportation Informational Session on REAL ID: August 19, 2008
Christian Gleim, Coordinator of Policy and Communications
Hello. My name is Christian Gleim and I am the Coordinator of Policy and Communications for the Coalition for a Secure Driver License, also known as CSDL.
We are a non-partisan, 501(C) (3) educational public charity with offices in New York City and Washington, DC. Our funding comes from foundations and donors in 48 states. We derive NO donations from commercial interests nor do we represent them. Our mission is to compile educational materials and research about the public safety benefits of a secure driver license.
CSDL supports comprehensive DMV procedures for authenticating identification in all states across the country. Our country’s identification documents are issued by the states, following the two hundred year tradition of state prerogatives regarding numeration of their citizens. Since July, 1913 when New Jersey became the first state to issue drivers’ licenses 1920s, that document has gained many more uses than just the qualification that a person had sufficient driving skills and knowledge of traffic laws. Today, in addition to authorizing the holder to drive an automobile on the public roads, we are asked to provide a driver’s license when we want to open a bank account, cash a check at a convenience store or be treated by a doctor. Employers are required by law to ask for a driver’s license or state issued ID card when completing the U.S. Department of Labor’s I-9 employment form for a newly hired worker. We haven’t time today to list the federal and state laws that specify a driver’s license as an identity confirmation for public benefits and service.
Once we all recognize that a driver’s license serves other purposes of state and federal government, we all should understand that it is just as important to authenticate the identity of the driver'
Most states do a very good job of verifying that an applicant can drive a car safely before they issue a driver’s license. However, many states are overdue to upgrade their licensing practices and systems to verify the true identity of that same person before issuing the most universally accepted form of identification in America, the driver license. The result is that many people hold current licenses in multiple states, they hold licenses in names that do no match their legal names, they hold licenses issued in other peoples’ names, and they hold licenses in completely fictitious names.
Why do people game the system to obtain drivers’ licenses in names other than their own? Probably the biggest reason is that they’ve lost their license through action of law, most often because of repeated violations of state DUI or reckless driving laws. Some states use the driver’s license a tool to address other law violations, such as suspending a license when a student drops out of school, or for failing to pay child support payments.
Then there is the most controversial reason of the day, which is people who are in the United States on an unlawful basis, who seek driver’s licenses and state issued IDs so they can meet employer requirements as well as obtain the same public benefits awarded to citizens and legal residents. CSDL does not take positions regarding immigration, but we do support state practices that authenticate the identity of all applicants, and recognize that passports are the only document issued by foreign governments that are sanctioned as reliable proof of identity under international law and United Nations treaty law.
Consequently, CSDL strongly supports voluntary state compliance with federal standards for the identity authentication of applicants for driver licenses and state issued ID cards. Recognizing that these regulations pertain to federal responsibilities for homeland security and national security, CSDL supports federal funding for state voluntary compliance with PL 109-13 (REAL ID). This law, initially passed by the U.S. House of Representatives as part of the Intelligence Reform and Terrorism Prevention Act of 2004, was deemed by Congress as a compliment to other federal laws increasing security measures to protect against foreign terrorism and to improve border security. Based on the federal government’s own cost estimates for state compliance with the REAL ID regulations, it appears that a minimum level of $300 million per year should be made available in the form of grants to states to meet REAL ID regulatory requirements.
Mississippi can pace its approach to regulatory compliance. The timeline of compliance with REAL ID has been set over a number of years, allowing states an extended period to comply with these federal standards by upgrading their existing practices and systems.
Although the REAL ID Act was passed on May 11, 2005, it didn’t become effective as Public Law 109-13 until May 22, 2008, a full three years later. From the original Department of Homeland Security Notice of Public Rulemaking (NPRM) in March, 2007 to the Final Rule, in January, 2008, the regulations defined by DHS were crafted with public and government input in a reasonable manner for implementation.
Following the final REAL ID regulations, as of May 11, 2008 the federal government can no longer accept state-issued licenses for official purposes from states and territories that were not granted an extension by mid-March.
The next compliance date is December 31st, 2009, giving Mississippi about 15 months to meet the 18 material compliance benchmarks and until May 11th, 2011 to meet 21 additional benchmarks. Mississippi can apply for a further extension should that prove necessary provided it is making reasonable progress toward meeting the regulations. Many states have begun to take steps to increase the quality of their driver license practices and most already met ten or more of these benchmarks, based on CSDL public source research.
Finally, on December 01, 2014 Federal agencies cannot accept driver licenses for certain specific identification purposes from any individual born after December 1, 1964, unless the state is in compliance with certain provisions. On December 1, 2017 each state must be in compliance with the provisions of PL 109-13 to have their driver license and ID cards be accepted to board an airplane or enter a federal building.
Mississippi has been awarded federal grant money towards compliance with Department of Homeland Security REAL ID regulations. However, it may choose to opt out of the program at any time as long as the money is still used to increase the security of their driver license, ID cards, or issuance procedures.
Most of the 18 material compliance benchmarks set by DHS are relatively straight forward measures, such as having the applicant sign a declaration of perjury that the information is correct. Requirements specifically tied to terrorism prevention include issuing limited term licenses to applicants with temporary lawful status that expire when their visas expire, and taking steps to make sure the applicant does not have duplicate or multiple licenses in multiple names. The benchmarks also put security standards in place for DMVs to be accountable for the personal data that is stored in their systems. Benchmarks 13 through 16 stipulate that in order to be compliant with REAL ID regulations, the Mississippi DPS must have a documented security plan, have protections in place to ensure personal information, require all employees to complete AAMVA (or equivalent) fraudulent document training, and conduct name and finger-print based criminal and employment eligibility checks on all employees in covered positions.
One purpose of the benchmarks is to ensure that not only the DMV is protected from issuing legitimate licenses to an applicant with fraudulent documents; but that applicant’s personal information is protected from unauthorized access or dissemination. The Department of Homeland Security created a Privacy Impact Assessment, released January 11th, 2008 to address how a DMV can protect an applicant’s personal identity information.
Security, enhanced standards, training, technology and auditing are not without their price. The slow rollout of the REAL ID regulations and limited federal funding has made it more difficult for states to comply. Some states are moving forward despite limited funding. Alabama only received $500,000 in recent grant awards, However, Alabama is moving forward. As of July 1st, 2008, Alabama is compliant with 10 of the 18 interim benchmarks and partially complaint with another two. The examiners have estimated that it will cost Alabama $16.3 million dollars to become fully compliant with the REAL ID regulations. Regardless of their final decision to comply with REAL ID, the practices that they are putting into place will make it increasingly difficult for criminals, terrorists and illegal aliens from acquiring legitimate identification.
It is important that states take steps to make their licenses more secure. Every day, individuals attempt to defraud the Mississippi Department of Public Safety and DMVs across the country. Miriria Isabel was arrested last month in Mississippi and charged with two counts of identity theft for allegedly using the social security number and name of a Houston, Texas resident to obtain two loans through the Central Mississippi Federal Credit Union.
And this is not just a Mississippi problem. In Washington, DC, Gloria Gonzalez-Paz was sentenced this month for working with Patricia Gonzalez and Salvador Diaz to sell hundreds of fraudulent licenses. It’s worth noting that Mrs. Gonzalez-Paz was a supervisor, and used her supervisory level access to the DMV records to falsify records at multiple levels. Diaz charged between $1,000 and $1,700 each for a license and Gonzalez-Paz, in turn, charged Diaz $500 to $700 dollars each. It’s accurate to say it was a multi-level marketing scheme. Without stronger system security practices, background checks of DMV personnel and spot check auditing of DMV records, this type of conspiracy will continue to flourish
From a public security point of view, insider driver’s license fraud in such large numbers leaves a dangerous situation. The DC government has cancelled the licenses issued, and the police have recovered some of the licenses issued through fraud. However, many of the licenses have not been recovered and the people who received them cannot be found. Let’s hope none of the licenses that got away were issued to dangerous criminals.
Seaports are an integral part of the Mississippi economy. Biloxi, Gulfport, and fourteen others represent $1.4 billion dollars a year to the state. More than 34,000 workers are employed to manage, maintain and secure the ports and millions of dollars are spent annual on port security. Physical security means little if criminals and terrorists can acquire fraudulent documentation allowing legitimate access to port facilities. The basic requirement for a Transportation Worker Identity Card, also known as TWIC, is a driver’s license issued by any state. The hundreds of recipients of DC licenses issued through fraud can use those valid IDs as the basis for their TWIC cards! And that would not be good thing for the security of Mississippi ports. We must all change from the viewpoint that the border is a physical boundary. The border must be understood to include every airport, seaport and land port, every decision by a federal and state agency coming into contact with those here unlawfully, every decision to allow access to these sensitive locations.
Stronger license security isn’t just a Mississippi concern. Driver’s license practices in Mississippi affect the neighboring states of Alabama, Louisiana, and Arkansas. Each state must stand together to protect the integrity of the identities printed on drivers’ licenses. Fail to do that and the lives of the state highway patrolmen and the cops on the beat are at risk from foreign and domestic terrorists, from unfriendly foreign governments and, from everyday violent criminals. And the public is at risk from the identity thief next door. Compliance with federal driver’s license standards will make it much harder for criminals and terrorists to acquire fraudulent identification and easier for law enforcement to detect these fraudulent licenses.
Thank you, Chairman McBride, and members of the committee for this opportunity to testify.
My CSDL
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