Do I have to carry ID under federal law when in public in the United States?
Executive summary
Federal law does not require every person to carry an ID while simply walking around in public, but federal rules do require federally accepted identification for specific “official purposes” — most prominently boarding domestic flights and entering certain federal facilities — beginning full enforcement on May 7, 2025 (with phased enforcement allowances) [1] [2]. States may still issue non‑REAL ID marked licenses, and travelers can use other acceptable IDs such as an unexpired U.S. passport instead of a REAL ID‑compliant card [3] [4].
1. Public vs. “official purposes”: what federal law actually targets
The REAL ID Act and its implementing rules do not create a blanket federal requirement that every person carry identification while in public; instead, they set minimum security standards for state‑issued driver’s licenses and ID cards that federal agencies may accept for specified “official purposes” — including access to federal facilities, nuclear plants, and boarding commercial aircraft — and prohibit acceptance of noncompliant IDs for those purposes after the enforcement date [1] [3].
2. The May 7, 2025 enforcement milestone and the phased approach
DHS and TSA set May 7, 2025 as the date when only REAL ID‑compliant driver’s licenses or other acceptable federal IDs would be accepted for those federal purposes [1] [5]. DHS later published a rule permitting federal agencies to use a phased enforcement approach for up to two years to avoid operational disruptions and give the public and states time to comply [2] [6].
3. What you must present to fly or enter federal sites — alternatives exist
Beginning in the enforcement period, anyone 18 or older who plans to fly domestically or visit certain federal facilities will need a REAL ID or another TSA‑acceptable form of identification; acceptable alternatives include an unexpired passport, enhanced driver’s licenses where issued, and other documents listed by TSA [3] [7]. Reporting indicates that travelers without a REAL ID may still be allowed to fly after extra identity verification steps, not outright banned [8].
4. States can still issue noncompliant “marked” licenses
Federal law specifically allows states to issue licenses that are not REAL ID‑compliant, but those cards must be clearly marked as not acceptable for federal purposes; having a state non‑REAL ID card does not itself violate federal law, but it may not be accepted by federal agencies for the listed official purposes [6].
5. Practical impact: day‑to‑day public life vs. constrained access points
For ordinary public activities — walking on streets, shopping, attending public events — available reporting does not indicate a federal obligation to carry ID or that REAL ID changes those routine freedoms; the effect is concentrated where federal agencies set entry/boarding standards [9] [3]. For air travel and federal building access, practical consequences include additional screening, diversion to verification lines, or need to present an alternative acceptable ID [8] [9].
6. Conflicts, confusion and potential hidden agendas
Advocates of REAL ID framed it as national‑security driven, following the 9/11 Commission’s recommendation; critics and civil‑liberties groups have long warned about privacy, state burdens, and unequal access to compliant documents [1] [2]. DHS’s phased enforcement rule explicitly cites concerns that immediate full enforcement could overwhelm states and the public, revealing an implicit operational and political tradeoff between security goals and administrative feasibility [2].
7. Bottom line for readers who travel or need federal access
If you fly domestically or need entry to secured federal facilities after the May 7, 2025 enforcement window, bring either a REAL ID‑compliant card or another TSA‑acceptable ID (passport, enhanced license, etc.). If you do not plan to use those federal services, federal law does not make carrying a REAL ID the baseline requirement for being in public — though state traffic laws still require carrying driver’s licenses while driving and particular situations (not covered in these sources) may call for ID [3] [4].
Limitations: available sources do not mention a general federal criminal penalty for not carrying ID while simply in public outside the listed federal purposes; they focus on which IDs federal agencies will accept and on enforcement timing and alternatives [1] [2].