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Are there states that have fully opted out of REAL ID enforcement, and what does that mean for travel?
Executive summary
No U.S. state has “fully opted out” of REAL ID enforcement in the sense of permanently exempting its residents’ licenses from federal acceptance; federal rules mean non‑REAL ID driver’s licenses won’t be accepted for boarding commercial flights or entering certain federal sites once enforcement takes effect, although agency messaging and phased enforcement have given states and travelers extra time (TSA says enforcement began May 7, 2025, and lists alternatives such as passports) [1] [2]. Many states still issue non‑REAL ID cards as an option for driving and general ID purposes — but those non‑REAL IDs generally will not be accepted for air travel or federal facility entry after the deadline unless a traveler uses another acceptable ID [3] [4].
1. What “opting out” would mean — and why no state has simply dodged the law
The REAL ID Act sets federal minimum standards for state driver’s licenses and authorizes federal agencies to refuse noncompliant IDs for specified “official purposes” such as boarding commercial aircraft and entering federal facilities; states cannot unilaterally make their non‑REAL IDs acceptable to those federal agencies because the statute and DHS/TSA enforcement decisions determine acceptance [1] [5]. Available sources do not describe any state that has legally and permanently “opted out” of that federal acceptance framework; instead, states may choose whether to issue a REAL ID‑compliant card and may continue to offer a non‑REAL ID card for state purposes like driving [3] [4].
2. Practical effect for travelers: non‑REAL ID vs. acceptable alternatives
Starting May 7, 2025, TSA guidance says travelers need a REAL ID‑compliant license/ID or another acceptable form of identification — for example a U.S. passport or passport card — to board commercial flights and to enter many federal facilities [1] [2]. State DMV sites (for example Washington and New Jersey) explicitly note they will continue to offer “standard” (non‑REAL ID) licenses for driving and everyday identification, but those standard cards will not work for boarding domestic flights after the enforcement date unless the traveler carries an acceptable alternative [3] [6].
3. Why the rollout has looked messy: staggered compliance and phased enforcement
Federal reporting and media coverage document repeated deadline extensions and a phased approach to enforcement: DHS and TSA extended deadlines multiple times and signalled flexible enforcement windows; some reporting notes that while enforcement formally began in May 2025, full and strict enforcement was to be phased through 2027 [7] [1]. Analysts and reporting (e.g., Forbes) warned that low nationwide REAL ID uptake and differing state policies created enforcement challenges and uncertainty for travelers and airports [8] [9].
4. How states are handling the choice to issue REAL IDs
States vary operationally: many actively promote and issue REAL IDs and have online guidance to help residents apply before enforcement milestones, while also offering a continuing non‑REAL ID option solely for nonfederal purposes [6] [3]. That dual‑option approach is common because states must balance legal compliance, administrative burden at DMVs, and political or privacy objections from some residents; practical effects are that residents can keep a standard license for driving but need to secure REAL ID or carry a passport when flying [4] [3].
5. What travelers should do now — straightforward steps
TSA and federal guidance recommend checking whether your state ID is REAL ID compliant and, if not, obtain a REAL ID or bring another accepted ID (passport, passport card, or other TSA‑listed documents) when planning to fly or access federal sites [1] [2]. State DMV pages (for example New Jersey’s) advise scheduling REAL ID appointments well before travel dates because processing and appointment availability can cause delays [6].
6. Competing viewpoints and the political context
Supporters of strict enforcement argue REAL ID improves security by standardizing identity documents and preventing fraud; federal agencies have repeatedly framed the law as a security necessity [1]. Critics point to privacy, cost, administrative complexity, and states’ reluctance to compel universal adoption; reporting has highlighted concerns about readiness and the uneven pace of state compliance, which prompted phased enforcement and additional rulemaking [8] [9]. Available sources do not provide a single definitive statement from any state claiming a lawful, permanent opt‑out that would make its non‑REAL ID acceptable for federal purposes (not found in current reporting).
Limitations: this summary relies on federal guidance pages, state DMV notices, and contemporaneous reporting; it does not include any post‑publication changes to state practices or later legal challenges beyond these sources [1] [3] [7].