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Real ID: Questions and answers about Oklahoma state-issued identification documents

Posted at 10:19 AM, Oct 12, 2016
and last updated 2016-10-12 13:12:00-04

The Oklahoma Department of Public Safety has denied the State of Oklahoma’s request to extend the time to become compliant with the Real ID Act.

The Sooner state is one of six states whose status is listed as Under Review by Homeland Security.

Beginning on Jan. 30, 2017, those with Oklahoma licenses will not be able to use them in federal agencies.

Below are frequently asked questions about Real ID that may help you find the answers you need.

What is REAL ID?

REAL ID is a coordinated effort by the states and the Federal Government to improve the reliability and accuracy of state-issued identification documents, which should inhibit terrorists' ability to evade detection by using fraudulent identification. REAL ID implements a 9/11 Commission recommendation urging the federal government to "set standards for the issuance of sources of identification, such as driver's licenses."

The U.S. Department of Homeland Security (DHS) is implementing REAL ID through a period of phased enforcement over the next several years. In particular, the date for implementing the prohibition on boarding aircraft travel will be set after an evaluation of earlier phases and will not occur sooner than 2016.

What does the REAL ID Act require?

The REAL ID Act of 2005:

Establishes minimum standards for the production and issuance of state-issued driver's licenses and identification cards and authorizes grants to assist states in implementing the requirements; Prohibits Federal agencies from accepting for official uses driver's licenses and identity cards from states unless the Department of Homeland Security determines that the state meets the standards. Official uses are defined as accessing Federal facilities, entering nuclear power plants, and boarding federally-regulated commercial aircraft.

Which states, territories, and tribes are affected?

The REAL ID Act covers 56 jurisdictions, including the 50 states, the District of Columbia, and the U.S. Territories of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

The current list of states from which a Federal agency may accept driver's licenses for an official purpose is found at REAL ID Enforcement In Brief.

Is REAL ID a national identification card?

No. REAL ID is not a national identification card. States and territories will continue to issue driver's licenses and identification cards, and there is no Federal database of driver information. Each jurisdiction will issue its own unique license and maintain its own records.

Does REAL ID mean that I must use a driver's license for official purpose?

No. Each agency determines whether identification documents are needed for the purpose it oversees and, if applicable, which documents are acceptable. REAL ID only applies if a person is presenting a driver's license or state-issued identification card for official purposes.

For what uses will I need to show a driver's license?

For the first two years of enforcement, REAL ID primarily affects persons seeking to access Federal facilities where identification is required to be presented.

Is my driver's license unsecure if a Federal agency does not accept it?

No. All states and territories have made tremendous progress in strengthening the security of their driver's licenses since 9/11. Not being on the list of compliant jurisdictions means that the U.S. Department of Homeland Security has not received sufficient information to determine that the jurisdiction has met all the requirements of the REAL ID Act.

What happens if my state does not meet all of the REAL ID requirements?

Individuals without licenses from compliant jurisdictions may present alternative forms of identification – such as a U.S. Passport – accepted by the agency. Some agencies may have additional processes to accommodate individuals lacking the prescribed identification documents.

What does it mean if a person possesses or presents a state license or ID indicating that the document is not acceptable for official Federal purposes?

A "Not for Federal Identification" or a similar mark means that the issuing state offers its residents the option to obtain a driver's license or identity card which is not compliant with REAL ID and that the license holder has chosen to exercise that option. A variety of reasons may underlie that choice, including personal preference, religious conviction, or the inability or decision not to provide original documents needed to verify identity, citizenship, or lawful status in the United States. No inferences or assumptions should be drawn about the particular reason an individual possesses a card with this mark, including inferences or assumptions about the person's citizenship or immigration status.

May an agency, or frontline personnel, reject a particular identification document based upon an individual's real or perceived race, ethnicity (including limited English proficiency), national origin, immigration status, or religious beliefs?

The standard for acceptance of an identity document for Federal facilities where identification is required to be presented is the same for all persons regardless of race, ethnicity, limited English proficiency, national origin, immigration status or religious beliefs.

Can I use my Oklahoma driver license or ID card to board an aircraft?

Yes. The Transportation Security Administration (TSA) will continue to accept driver's licenses and state-issued identification cards from all jurisdictions at least until January 22, 2018.

On January 8, 2016, the Secretary of Homeland Security announced the following timetable for the implementation of the REAL ID Act for air travel:

  • EFFECTIVE IMMEDIATELY, the Department of  Homeland Security will conduct outreach to educate the traveling public about the timeline below, and continue engagements with states to encourage compliance with REAL ID standards.
  • STARTING JULY 15, 2016, TSA, in coordination with airlines and airport stakeholders, will begin to issue web-based advisories and notifications to the traveling public.
  • STARTING DECEMBER 15, 2016, TSA will expand outreach at its airport checkpoints through signage, handouts, and other methods.
  • STARTING JANUARY 22, 2018, passengers with a driver's license issued by a state that is still not compliant with the REAL ID Act (and has not been granted an extension) will need to show an alternative form of acceptable identification for domestic air travel to board their flight. To check whether your state is compliant or has an extension, click here. Passengers with driver's licenses issued by a state that is compliant with REAL ID (or a state that has been issued an extension) will still be able to use their driver's licenses or identification cards.
  • STARTING OCTOBER 1, 2020, every air traveler will need a REAL ID-compliant license, or another acceptable form of identification, for domestic air travel.

This timetable recognizes that some states must change their laws to comply with the REAL ID Act. IT is also designed to provide an opportunity for members of the public to learn more about the implications of not having a REAL ID-compliant license, and so that individuals have an ample opportunity to replace their pre-REAL ID licenses with new compliant licenses or to obtain another acceptable form of identification.

Will TSA accept identity documents other than driver's licenses?

Yes. TSA currently accepts other forms of identity documents such as a passport or Permanent Residency Card and will continue to do so.

Occasionally an alien may present a document that on its face has an expiration date that has already passed, yet the document has been extended by DHS and should be regarded as unexpired. Can a state accept a document under these circumstances?

To date this situation is limited to individuals who have applied for and/or have been granted Temporary Protected Status (TPS). For more information on TPS, visit U.S. Citizenship and Immigration Services' TPS webpage.

Do REAL ID's requirements apply to all interactions with federal agents or to enter all federal buildings?

No. Under the REAL ID regulations, official purposes "means accessing Federal facilities, boarding Federally-regulated commercial aircraft, and entering nuclear power plants."

As DHS has made clear, "The Act's prohibitions do not affect other uses of driver's licenses or identification cards—including licenses and cards from noncompliant states—unrelated to official purposes as defined in the Act."

REAL ID does NOT apply to the following:

  • Entering Federal facilities that do not require a person to present identification
  • Voting or registering to vote
  • Applying for or receiving Federal benefits
  • Being licensed by a state to drive
  • Accessing health or life preserving services (including hospitals and health clinics), law enforcement, or constitutionally protected activities (including a defendant's access to court proceedings)
  • Participating in law enforcement proceedings or investigations

What is the timeline for Oklahoma?

Starting October 10, 2015, Oklahomans will be able to use their Oklahoma-issued driver license or identification card to access military bases and almost all federal facilities. Despite this guidance from the federal government, DPS strongly encourages Oklahomans to first contact any federal facility or military base before visiting to determine what identification will be accepted.

Information provided by Oklahoma Department of Public Safety.

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