How does REAL ID compliance affect noncitizens and immigration-related federal checks?
Executive summary
REAL ID enforcement began May 7, 2025 and requires REAL ID–compliant state driver’s licenses or other TSA‑acceptable identification to board domestic flights and enter some federal facilities [1] [2]. Lawfully present noncitizens can generally obtain REAL ID if they can document immigration status, but undocumented people and some noncitizens in certain states remain unable or unwilling to get REAL ID — and the rule’s implementation raises privacy and enforcement concerns because states’ DMV data and federal checks can intersect with immigration enforcement [3] [4] [5].
1. What the rule does and who it covers
Beginning May 7, 2025 the Department of Homeland Security set a federal requirement that travelers 18 and older use REAL ID–compliant state IDs or another TSA‑acceptable credential to pass airport security for domestic flights and that some federal facilities may require the same [1] [2]. REAL ID is a standard for state‑issued driver’s licenses and IDs intended to tighten document verification and anti‑fraud safeguards [1].
2. How noncitizens fit into the REAL ID system
States can and do issue REAL IDs to many noncitizens who are “lawfully present,” but applicants must provide immigration documentation; expiration dates and fees may vary by immigration status [3] [6]. Several state policies and DMV practices limit eligibility: reporting indicates at least a few states restrict REAL ID to citizens and permanent residents or impose other exclusions, leaving some noncitizens without a compliant license [4] [3].
3. Alternatives for noncitizens who can’t get REAL ID
Federal rules allow other TSA‑acceptable documents — for example, unexpired foreign passports, permanent resident cards, and employment authorization documents — so lack of a REAL ID does not automatically bar travel if the traveler has an alternative credential accepted at the checkpoint [6] [2]. Advocacy groups and legal resources stress checking the TSA list and state DMV rules because acceptable documents and state practices vary [7] [5].
4. Privacy and enforcement tensions at the DMV–federal interface
REAL ID implementation increases documentary checks at state DMVs and relies on verification systems that can surface immigration status; advocates warn that DMV data and interagency agreements can feed enforcement actions, and DHS previously acknowledged agencies vary in accepting noncompliant IDs for official purposes, producing uncertainty and potential exposure for immigrants [5] [1]. NILC reports that law enforcement cooperation mechanisms — including 287(g) agreements — create situations where traffic or DMV encounters can lead to immigration referrals [5].
5. Impact on undocumented people and chilling effects
Undocumented residents who hold non‑REAL ID state licenses or other local ID programs may be unable to use those cards for air travel or some federal facilities after enforcement began, and many community groups say fear of disclosing status will deter some from applying for REAL IDs even when they might qualify under state rules [4] [8]. Reporting highlights a “chilling effect” — people who previously avoided federal scrutiny may now avoid travel or services rather than risk exposure [6] [8].
6. Variation by state and practical steps for travelers
States differ on eligibility rules, documentation required, appointment procedures, fees, and whether noncitizens are eligible, so noncitizens should consult their state DMV and TSA’s acceptable‑ID guidance before traveling [3] [9]. Several sources urge applicants to bring original immigration documents, expect in‑person application processes, and verify whether their state will issue a REAL ID given their specific status [9] [3].
7. Competing perspectives and remaining uncertainties
Supporters frame REAL ID as an anti‑fraud, security measure; critics and immigrant advocates emphasize privacy, data‑sharing, and enforcement spillover risks, and note that DHS itself left room for agency discretion about accepting noncompliant licenses, producing uncertainty about how federal and local agencies will act [1] [5] [6]. Available sources do not mention whether every state shares DMV data with immigration databases in the same way or the exact protocols for how TSA or federal facility staff handle noncitizen documents at point of entry beyond the stated accepted credential lists (not found in current reporting).
Limitations: this analysis is limited to the provided reporting and guidance; state law and agency procedures continue to change, and travelers should verify current TSA, DHS, and their state DMV guidance before attempting travel or entering federal facilities [2] [9].