REAL ID: How can I travel?

IMMIGRATION CORNER

- MICHAEL J. GURFINKEL, ESQ

Beginning May 7, 2025, the Transportation Security Administration (TSA) will finally start enforcing the REAL ID Act, requiring REAL ID-compliant identification in order for a person to board a domestic flight (within the US). The main form of identification typically presented at airports for domestic flights is a person's state-issued driver's license. However, in order to obtain a REAL ID driver's license, the person must demonstrate they are in lawful status.

But what about the people who are out of status and unable to obtain a REAL ID-compliant driver's license? How will they be able to travel on a domestic flight? Is there some other form of identification that can be provided?

By way of background, in 2005, Congress passed the REAL ID Act in the aftermath of 9/11, requiring that the federal government "set standards for the issuance of sources of identification, such as driver's licenses." That Act established minimum security standards for state-issued driver's licenses and who was eligible to obtain those driver's licenses. Most importantly, one of the requirements was providing proof of "lawful status."

A REAL ID-compliant driver's license would typically have a star at the upper top portion of the card.