DHS Senate Committee miscalculates number of States opposed to Real ID

Posted: July 29, 2009 in 10th Amendment, ACLU, EPIC, opposition, States

5-11 Official Release


12 States overlooked with opposition to the Real ID Act


WASHINGTON -Advocacy researchers concluded late last week that only 13 out of 25 States were recognized for rejecting federal Real ID Act.  The flaw was first noticed during a hearing where legislation was reconsidered for  replacement by the PASS Act, July 15th.

Misinformation is currently billed as the primary cause of confusion. Local and national media reported large variances in the number of states opposed to the national identity program, ranging from 11 to 43.  Researchers from the ACLU, Electronic Privacy Information Center and the 5-11 Campaign sponsored a cohesive total of States after finding consistent errors in national reporting following the hearing.

There was no response from Homeland Security when asked about the reason for the discrepancy.

PASS Act to Continue Majority of Real ID policy

The PASS Act would carry forward the majority of the Real ID language, to the dismay of State level opponents to the Real ID Act.   States rejected the federal law due to the program’s lack of consideration for privacy, identity security and expensive compliance costs.  Edits to current federal law are viewed by PASS Act’s proponents as a way to incorporate privacy considerations and a way for States afford to implement the program.  

In a highly indirect alliance, supporters and opponents of the Real ID Act have come out against the newer legislation.  Those in favor of the Real ID Act say the PASS Act isn’t secure enough to stop terrorists.  Those opposed to the Real ID Act say the PASS Act goes against States wishes to reject an unfunded mandate and a way to outmaneuver State laws against a national identity boondoggle.

The Real ID Act originally was passed as a rider to a 2005 supplemental defense and tsunami relief appropriations bill.   Information about States who passed local laws against Real ID are listed below.
###
STATES WHO PASSED LOCAL LAWS AGAINST REAL ID 
STATES WHO PASSED LAWS OPPOSING REAL ID
TOTAL : 15 

AK, WA, ID, AZ, MT, OK, LA, GA, SC, NH, ME, VA, MN, OR, MO

STATES WHO PASSED RESOLUTIONS OPPOSING REAL ID
TOTAL : 10 

HI, NV, UT, CO, NE, SD, ND, AR, IL, TN

STATES WHO FILED LEGISLATION THAT DIDN’T MAKE IT in ’09
TOTAL: 7

IA, PA, WI, KY, TX, CT, MA

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