Many people across the country are currently in a hurry to replace driver licenses and state IDs with federally compliant licenses known as the actual ID card needed to board domestic flights.
As of May 7th, all US citizens age 18 and older must provide evidence of identification that meets the rules of the Real ID Act of 2005. However, this changing federal travel requirements has caused confusion about what it means for non-citizens.
It was passed 20 years ago in Congress following the September 11th attacks in New York, Pennsylvania and Washington, DC, in response to recommendations from the bipartisan 9/11 committee. The purpose of the program was to procure security standards for domestic travel and access to federal and nuclear facilities.
But immigration experts say the enactment of the law in the second Trump administration has left non-citizens, including some of the 13.5 million people legally in the United States on green cards, jobs, student visas and humanitarian parole.
US President Donald Trump has prioritized and promised a massive deportation of American criminals and undocumented people. But in reality, his policies wiped out American citizens and people with legal immigration status. He also sought to end the legal pathway that allowed people to temporarily work and work in the United States. Many of these actions have been challenged in court.
Here are some answers to commonly asked questions about actual IDs and their impact on citizens and non-citizen travel.
What’s special about Real ID?
The Department of Homeland Security says the purpose of the actual ID requirements was to provide the minimum document requirements consistency required for state-issued IDs (driver’s license, learner’s permits, and Nondriver IDs).
All states currently issuing cards that comply with their actual IDs require those who apply for those cards to present specific documents. The exact requirements vary from state to state, but in most cases the minimum required documents include:
Proof of identity in the form of a US birth certificate, US passport, or green card. Social Security numbers in the form of Social Security cards, W-2 forms, or wage stubs. Two proofs of the address of a major residence that could be a utility bill, a bank statement, or a mortgage statement. A legal proof of status including a valid employment permit document, Social Security number, or valid, expired visa.
The actual ID card has a black or gold star or US flag in the upper right corner. Identity cards issued by states that do not have these markers are not accepted as proof of identity for entry into domestic flights or federal facilities.
Here are some examples of what an actual ID might look like.
Examples of actual ID-compliant driver’s licenses posted on the Department of Homeland Security website.
If I don’t have an actual ID, does that mean I can’t do any more domestic travel?
No, if you have another form of identification that is compliant with your actual ID, you can still travel domestically.
Transportation Security Administration (TSA) lists many other forms of acceptable IDs, including options for people who are not US citizens. among them:
A state-issued driver license or enhanced ID provides proof of identity when crossing US borders within the vehicle. US passport or US passport card. Passport issued by foreign governments. The Department of Homeland Security trusts traveller cards under programs such as Global Entry, which allows US citizens, green card holders and some foreigners to pass quickly through lanes at airports. US Department of Defense ID including IDs issued to military people’s dependents. A legal permanent resident card, also known as a green card. Border mating cards, documents used by Mexican citizens to enter the United States. Acceptable photo IDs issued by federally recognized tribal countries, including enhanced tribal cards. HSPD-12 PIV cards used by federal contractors to access facilities and systems. Canadian province driver’s license or Indian and Northern Canadian cards. Transport Worker Identification Credentials (TWIC). US Citizenship and Immigration Services Employment Authorization Card. Mariner’s American merchant credentials showing evidence of Mariner’s qualifications. and Veteran Health Identification Card (VHIC).
There is one big warning. The TSA advises travelers to review the listings before travelling, as the listings may be changed without notice.
How does Real ID affect non-citizens when traveling in the US?
Although many forms of IDs are accepted for non-citizens, actual ID policies can have a calm impact on travelers who distinguish the documents from citizens, immigration experts told us.
As an example, immigration lawyer Prana Lal said that in interactions with federal authorities, carrying a foreign passport could lead to scrutiny of a person’s identity if they do not have a legal immigration status.
“Even with a valid foreign passport, undocumented individuals and mixed status families can avoid travel due to concerns about their interaction with the TSA or law enforcement, despite the passport remaining acceptable documentation,” Lal said. “This fear of enforcement, not access to IDs, is a major chilling effect on the immigrant community.”
What happens if people don’t have an acceptable ID at the airport?
TSA officers may ask people to complete the identity verification process. If your identity is confirmed, the person will be allowed to enter a screening checkpoint.
Can immigrants with temporary status get their actual ID?
Yes, the actual ID rules define an individual as a person with a “temporary legal status” pending an asylum application. You have pending or approved applications for temporary protected status. Deferral measures have been approved. Or you have a pending application for a legal permanent resident or conditional permanent resident status.
Actual ID Act allows states to issue temporary, actual ID driver licenses and ID cards to people with temporary status. People with temporary immigration status are usually given a temporary, valid employment approval and a Social Security number that can be used to apply for an actual ID. The temporary actual ID will remain in effect until the legal status expires. Florida is one exception. Sunshine State requires almost all immigrants in legal status to renew their IDs each year. Florida green card holders do not need to update their actual ID each year. Their actual IDs are valid until the green card expires. Most green cards are valid for 10 years, but people can apply for renewal.
Additionally, valid students or people with a workplace visa may present an unexpired passport, visa, and I-94 form (a document indicating the length of their stay approved in the United States) for proof of their identity and legal status.
According to DHS, states that provide unrealistic ID-compliant ID cards to people without legal immigration status can still do so, but the card must clearly state that it is not acceptable for actual ID purposes, and require a unique design or color to distinguish it from compliant cards. These unrealistic ID-compliant ID cards cannot be used as a form of domestic travel identification.
Can an actual ID prevent an arrest by immigration authorities? Do you make sure that people are legally in the US?
Lal told Politifact that actual IDs alone would not prevent the arrest of US immigrants and customs enforcement or confirm legal immigrant status. Identifying actual ID compliance requires evidence of legitimate existence for issuance, but not evidence of current immigration circumstances.
“ICE conducts its own verification and possession of an actual ID does not grant you a waiver from enforcement action,” Prerna said.
Prerna said that valid government-issued documents showing current immigration status, such as green cards, employment approval cards and visas, should be presented to the ice.