I think this is P&E since it involves illegal immigration. If not, mods feel free to move it because it is also a legal question.
On May 7, 2025 to pass through TSA to get a domestic US flight, you will need a REAL ID compliant. However, a REAL ID is only available to you if you have lawful presence in the United States. This means that as of that date, illegal immigrants or those that cannot show lawful presence to their state DMV will not be able to fly domestically in the US.
How is that constitutional. Do you think there plans to have someone denied travel on 5/7/25 to use as a test case by an immigration law firm to challenge the law?
Air travel is not a constitutional right. Travel by other means isn’t restricted.
But I believe the equal protection clause applies to all residents whether here legally or illegally.
It was my understanding that a person can use their passport if they don’t have a Real ID. I would think unexpired foreign passports would be acceptable.
From the DHS website
Beginning May 7, 2025 every state and territory resident will need to present a REAL ID compliant license/ID, or another acceptable form of identification, for accessing federal facilities, entering nuclear power plants, and boarding commercial aircraft.
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. In fact, some states currently issue noncompliant cards to undocumented individuals. Noncompliant cards must clearly state on their face (and in the machine readable zone) that they are not acceptable for REAL ID purposes and must use a unique design or color to differentiate them from compliant cards.
So this does not apply to foreign nationals residing in their home country. As a resident of the United States this does apply to those in the US illegally.
The key term is “or another acceptable form of identification.” A passport from any country is an acceptable form of identification.
So a Guatamalan living in the United States illegally would
Have to get a passport from Guatamala
Not let TSA find out they reside in the United States
Is that correct?
If you have a passport, TSA won’t necessarily know you are here illegally. Say you travelled from Guatamala and overstayed your visa, but your passport is valid. They wouldn’t necessarily know that when you go through security and they look to see that your face matches the picture in your passport and the passport is valid.
Undocumented immigrants with no passport would have trouble.
Probably not.
You seem to be having trouble with, “Or another acceptable form of identification.” A Guatemalan passport is another form of acceptable identification, but it’s not the only other form of acceptable identification.
Yes, which is why the idea that Real ID is to fight terrorism or add security is bogus.
Real ID came about as the GOP noticed that CA and a few other states were allowing undocumented aliens to get a drivers license.
Then what is if you do not have a REAL ID?
This is unlikely. Year after year, the deadline is claimed by the government to be firm and then extended because too many travelers decline to get REAL ID.
See:
TSA Proposes Moving REAL ID Compliance for Domestic Fliers to 2027
As for constitutionality, I would expect the current Supreme Court to back up the incoming administration.
Use a Passport, that is what I do.
Yep. It is a bad program.
Someone here illegally cannot get a US passport so again, would they have to get a passport from their country of citizenship and not reveal they reside in the United States?
I feel like your question has been answered by others but I will try to make it very clear.
The answer would be YES but they most likely already possess a valid passport for their country of citizenship. So not a tough thing to accomplish. And not a tough thing to keep up to date while living here as I understand it.
Again YES. When have you ever had to prove where you reside when boarding a flight? I’ve never had to do anything of the sort whether flying domestically or internationally.
If TSA is doing their job (OK, I admit unrealistic) then they will be asking innocuous to see your reaction. One could be, “Where do you live?”
What? How many Americans have their passport? That is a huge assumption considering there are those on this board that insist many Americans cannot gather the necessary documents and afford an ID to vote, yet you think a broke-ass family living in the US illegally can just walk into the Guatamalan embassy across the street from their house and get a passport?
The TSA never asks questions, in my experience. The folks at passport control do for international flights, but the TSA looks at my boarding pass, my license or passport, and my face and waves me through. Their job isn’t border control, it’s trying to keep flying safe.
Real-ID was one of those solutions in search of a problem. Since, as discussed a hundred times before, in this country it’s anathema to ever consider a universal nationwide “yes this person is who they say they are and is OK to be here” ID document, the security geniuses got the idea to try and have the states compelled to “voluntarily” make people provide such evidence when getting their state IDs by creating an extra requirement for federally-regulated spaces (such as air travel, nuclear installations etc.). So the ID would tell whoever was the federal official looking at it that the Maryland MVA or Puerto Rico DTOP had looked at your passport/birth certificate/Green Card/utility bills.
But they could not force the states to only issue those, and besides the states kept issuing noncompliant driving licenses because the core purpose of a driving license is as evidence that people are qualified to operate a motor vehicle in public roads and that is more immediately important to the state. Their use as civil ID is entirely incidental and external to that. Which means that as every new deadline approaches, there’s millions of people who can’t get their hands on one or more of the required extra documents or whose existing license is not due for renewal for three or four more years and are you going to make them incur the extra expense now?
Right. Not TSA’s job to do that. In domestic flights I’ve seen nobody who has not been flagged for detailed inspection get asked anything other than whether they are sure they removed everything they need to before going through.
Many countries that have a lot of their citizens in the US will provide consular services for them without asking for their status vis-a-vis the USA (sure if they can’t afford the fee, or if there is no consulate close enough, that’s tough). If US ICE/CBP wants to go through the trouble to park a car a half block up and down from the consulate to stop-to-ask-a-question anyone they see walking out the door, that’s a different story.
It doesn’t even do that in practice, as enforcement at the state and local level seems to be variable. I have what I assume TSA officials will accept as a Real ID-compliant license, as it has the star symbol on it, but when I went to the DMV to get it – which I waited to do until my license was due to be renewed anyway – nobody even looked at my passport, social security card, and utility bills, although I brought them. They did seem to look at the documents for people who came specifically to replace an unexpired license with a Real ID-compliant one, but regular renewals just seemed to get the star automatically, no questions asked.