# Is the Real ID requirement for travel constitutional? **URL:** \ **Category:** Politics & Elections\ **Created:** [December 11, 2024, 3:12pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495 "2024-12-11T15:12:50Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [December 12, 2024, 10:38pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/41 "2024-12-12T22:38:45Z")
> [@DrDeth](#): > > And why would they care? So we all participate in their big Security Kabuki. ---
**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\ **Post date:** [December 13, 2024, 12:32am UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/42 "2024-12-13T00:32:44Z")
> [@Telemark](#): > > Can an undocumented person still get a passport from their home country’s embassy while they are in the US? Most can, but not all. Suppose you are an undocumented asylum seeker. Depending on the exact definition of undocumented, this group may be large or tiny. Anyway, those who are seeking asylum because their home government has them on some sort of enemies list almost surely cannot get a passport renewed. Also, some may be from a country whose passport the U.S. does not recognize (Somaliland). ---
**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\ **Post date:** [December 13, 2024, 3:18am UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/43 "2024-12-13T03:18:59Z")
> [@Telemark](#): > > …Can an undocumented person still get a passport from their home country’s embassy while they are in the US? > > If it’s not impossible for someone to get passport, even if it is difficult, I don’t see the restriction as violating the equal protection clause. It seems like you’d have a better argument saying that everyone needing identification of any sort to fly violates the right to travel. As I mentioned above, in most cases the answer is YES, a person can get a passport from their home country or renew their passport while living outside their home country. This includes those living in the U.S. The typical procedure involves going to the Embassy or a Consulate of the home country. [Mexico](https://blog.remitly.com/immigration/how-to-renew-mexican-passport-in-the-u-s/) does this. [Guatemala](https://www.nbclosangeles.com/news/local/guatemalan-citizens-in-la-will-now-be-able-to-process-a-10-year-passport/2895043/) does this. [El Salvador](https://blog.remitly.com/immigration/how-to-get-and-renew-your-salvadoran-passport-in-the-u-s/) does this. [The UK](https://www.gov.uk/overseas-passports) does this. It appears most EU countries offer this option but I’m not going to link to them all as a simple online search should help anyone who really needs to see this for every country in the world. Venezuela is the only one I looked at that seems to be a NO but that has more to do with the diplomatic issues between them and the US at the moment. ---
**Author:** ![OldOlds](https://avatars.discourse-cdn.com/v4/letter/o/a3d4f5/32.png) [@OldOlds](https://boards.straightdope.com/u/OldOlds)\ **Post date:** [December 13, 2024, 8:37pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/44 "2024-12-13T20:37:36Z")
> [@JRDelirious](#): > > So we all participate in their big Security Kabuki. Don’t get me started. It’s all so utterly stoopid. Try this experiment: Ask people how the 9/11 hijackers snuck their weapons onto the planes. It’s a trick question. > [@PhillyGuy](#): > > Also, some may be from a country whose passport the U.S. does not recognize (Somaliland). Sure, but I’d be surprised if the TSA agent, when provided with an official looking passport, would even know which countries were real. In fact, I bet it would be very easy to create fake passports from fake countries. You think the average $19/hour TSA guy can name all 180-ish countries AND knows which ones are recognized by the US AND knows what all their passports look like? ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [December 13, 2024, 8:40pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/45 "2024-12-13T20:40:05Z")
When I travel, the TSA agent scans the driver’s license or passport, so you’re not relying on the person recognizing that Freedonia doesn’t exist. ---
**Author:** ![OldOlds](https://avatars.discourse-cdn.com/v4/letter/o/a3d4f5/32.png) [@OldOlds](https://boards.straightdope.com/u/OldOlds)\ **Post date:** [December 13, 2024, 8:42pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/46 "2024-12-13T20:42:09Z")
Actually, fair point. I had forgot about that. And I travel a lot. Nevermind ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 13, 2024, 8:46pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/47 "2024-12-13T20:46:04Z")
Yeah, a Sovereign Military Order of Malta passport- cause a burp? ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [December 13, 2024, 8:51pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/48 "2024-12-13T20:51:31Z")
For those not familiar with the technology, [this](https://www.idemia.com/desktop-document-authentication) is the type of scanner used by TSA. “It enables government agencies and services providers to verify the authenticity of a comprehensive range of travel and identity documents from around the world, including driver’s licenses, passports, national ID cards, visas, and immigration cards.” ---
**Author:** ![We\_re\_wolves\_not\_werewolves](https://avatars.discourse-cdn.com/v4/letter/w/838e76/32.png) [@We\_re\_wolves\_not\_werewolves](https://boards.straightdope.com/u/We_re_wolves_not_werewolves)\ **Post date:** [December 13, 2024, 9:01pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/49 "2024-12-13T21:01:52Z")
> [@Saint\_Cad](#): > > Because SCOTUS has held the equal protection clause applies to all residents whether here legally or illegally. so what. The Supreme court allows different treatment of different classes if there is a compelling state interest. What’s interesting is that the level of scrutiny it will apply in such Alienage cases (strict, intermediate, or rational basis) seems to change based on the law it is analyzing. But in any event, the simple fact that different classes of people are treated differently doesn’t mean the law is unconstitutional. ---
**Author:** ![I\_Love\_Me\_Vol.I](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/i_love_me_vol.i/32/521_2.png) [@I\_Love\_Me\_Vol.I](https://boards.straightdope.com/u/I_Love_Me_Vol.I)\ **Post date:** [December 13, 2024, 10:44pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/50 "2024-12-13T22:44:54Z")
> [@Saint\_Cad](#): > > Amendment only guaranties the right to travel to citizens. So permanent residents of the US and foreign tourists do not have any right to travel? This doesn’t seem right to me. I would think that any person whatsoever has the right to move around freely in the US unless they are specifically prohibited by law (like if they are on probation). ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 14, 2024, 9:04pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/51 "2024-12-14T21:04:23Z")
> [@Saint\_Cad](#): > > An airplane on the other hand does if you are crossing state lines, but the 14th Amendment only guaranties the right to travel to citizens. Nope. _No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws._ _“any person”_ ---
**Author:** ![OldGuy](https://avatars.discourse-cdn.com/v4/letter/o/3bc359/32.png) [@OldGuy](https://boards.straightdope.com/u/OldGuy)\ **Post date:** [December 16, 2024, 8:07pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/52 "2024-12-16T20:07:26Z")
> [@Pleonast](#): > > But one doesn’t need any identification to be a passenger in a car. Nor being a passenger on a bus, train, ferry, etc. You do need a photo ID for Amtrak and Greyhound busses. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [December 16, 2024, 8:15pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/53 "2024-12-16T20:15:21Z")
No one has ever checked my ID on Amtrak. ---
**Author:** ![OldGuy](https://avatars.discourse-cdn.com/v4/letter/o/3bc359/32.png) [@OldGuy](https://boards.straightdope.com/u/OldGuy)\ **Post date:** [December 16, 2024, 8:46pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/54 "2024-12-16T20:46:14Z")
That’s not what the Amtrak site says, but who knows if they practice it in all cases. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [December 16, 2024, 8:46pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/55 "2024-12-16T20:46:56Z")
Yeah, true. I’m sure they could ask me for ID and kick me off if I don’t have it. ---
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [December 16, 2024, 8:49pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/56 "2024-12-16T20:49:17Z")
Hell, a few years ago I took Amtrak from Olympia to Seattle and nobody even checked my ticket. I don’t think they even checked my ID when I rode in a sleeper from Seattle to Chicago last year. ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [December 16, 2024, 8:51pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/57 "2024-12-16T20:51:52Z")
I taken the Amtrak Surfliner from Santa Barbara to Solana Beach and back many times and I have never been asked for ID. ---
**Author:** ![John\_Bredin](https://avatars.discourse-cdn.com/v4/letter/j/96bed5/32.png) [@John\_Bredin](https://boards.straightdope.com/u/John_Bredin)\ **Post date:** [December 16, 2024, 9:20pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/58 "2024-12-16T21:20:47Z")
Amtrak might be a reserved-ticket thing rather than a security thing. Making sure the name on the reservation matches who’s using the reservation. I can’t recall showing my ID on Amtrak, but it’s been a while. > [@hajario](#): > > I taken the Amtrak Surfliner from Santa Barbara to Solana Beach and back many times and I have never been asked for ID. Pacific Surfliner is unreserved, as I recall. The long-distance trains and most corridor trains outside the Northeast and California are reserved. ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [December 16, 2024, 9:30pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/59 "2024-12-16T21:30:17Z")
Sort of. There’s a business class car where you need a special ticket but within each car is unreserved. They definitely make sure that your ticket matches the car. ---
**Author:** ![Nightaudit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nightaudit/32/17181_2.png) [@Nightaudit](https://boards.straightdope.com/u/Nightaudit)\ **Post date:** [December 16, 2024, 10:47pm UTC](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495/60 "2024-12-16T22:47:00Z")
Depends on the station… in Austin yes I get checked… other station I use is Taylor… sometimes they check sometimes they don’t… Personally I like the Taylor station it’s less hassle than the Austin station… [Previous page](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495.md?page=2) [Next page](https://boards.straightdope.com/t/is-the-real-id-requirement-for-travel-constitutional/1011495.md?page=4)