How do states gain an extension or waiver from REAL ID enforcement?
Executive summary
States can avoid immediate card-based REAL ID enforcement either by obtaining time-limited extensions from DHS in the rulemaking/certification process or by benefitting from federal agencies’ phased or discretionary enforcement approaches that the Transportation Security Administration (TSA) and Department of Homeland Security (DHS) have proposed and applied; DHS extended the last full-enforcement deadline to May 7, 2025 and the agency has offered phased implementation flexibility through proposed rules [1] [2] [3]. As of January 2024 about 56% of state-issued IDs were REAL ID‑compliant, a key metric DHS and TSA cite when considering extensions or softer rollouts [2] [4].
1. How extensions historically work — an administrative, not legislative, process
DHS issues extensions or delays to the “card-based” enforcement date through its regulatory and certification process rather than by Congress changing the statute; the department announced a 24‑month extension that moved enforcement to May 7, 2025 via its December 2022 action [1]. That extension was framed as extra time for states to ensure residents could obtain compliant credentials and for DMVs to scale up issuance [1] [5].
2. Certification and state compliance are the lever DHS uses
DHS ties acceptance of a state’s driver license for federal purposes to that state meeting REAL ID minimum standards; in practice a state can seek certification or additional administrative accommodations from DHS while it fixes shortcomings. DHS’s proposed rulemaking in 2024 explicitly contemplates giving federal agencies flexibility to implement card‑based enforcement in a phased way after the May 7, 2025, date — effectively a tool states and agencies can use to avoid an abrupt cutoff [2].
3. Phased enforcement: the practical alternative to blanket extensions
TSA and DHS have emphasized that they can pursue “phased” or discretionary enforcement rather than legally extending the statutory deadline; TSA’s proposed rule would keep the May 7, 2025 deadline on the books but allow agencies to gradualize enforcement through May 2027, warning or delaying passengers instead of outright refusing noncompliant IDs [3] [2]. Coverage interprets that approach as a de‑facto delay in full enforcement even when the deadline remains unchanged [4].
4. Why DHS/TSA consider delays or phased rollouts
Federal officials cite low REAL ID uptake and state rollout capacity as the primary reasons for pauses or phased approaches; DHS noted only roughly 56% of DL/IDs were compliant as of January 2024 and projected that figure would be about 70% by the 2025 date, prompting proposals to avoid overwhelming DMVs and TSA checkpoints [2] [4]. DHS argues phased enforcement preserves pressure to comply while giving operational breathing room [2].
5. What “waiver” means — limited, agency‑level discretion, not permanent exemptions
Available sources show the mechanism is not a broad, permanent waiver of the statute but agency discretion on implementation timing and scope. The proposed federal rule would let agencies determine a phased plan for card‑based enforcement; it does not repeal REAL ID requirements or offer permanent state waivers in the way state law opponents sometimes request [2] [3]. Sources do not describe a separate, formal “waiver” procedure that grants long‑term exemptions to specific states beyond certification, phased implementation, or extensions (not found in current reporting).
6. Competing interpretations in reporting — strict deadline vs. realistic rollout
Federal press releases insist the May 7, 2025 deadline remains the enforcement start date, but reporting and analysis present two competing readings: one emphasizes that the deadline is intact and that phased enforcement merely softens implementation; the other treats phased implementation or administrative forbearance as an effective delay until 2027 [3] [4]. Both positions rely on the same rulemaking texts and agency statements [2] [3].
7. What states actually do to get more time
According to the record, states primarily work with DHS to become certified compliant or to request operational accommodations; when large numbers of residents lack REAL ID credentials, DHS and TSA have used extensions or proposed phased enforcement to avoid immediate exclusion of noncompliant IDs at checkpoints [1] [2]. The sources describe this as operational coordination rather than a statutory change [1] [2].
Limitations and next steps
This analysis is limited to the provided reporting and DHS/TSA rulemaking cited above; the sources do not detail any formal, standalone “waiver” application process for states beyond certification, extension announcements, or phased enforcement authority (not found in current reporting). For a state seeking extra time, the practical path shown in the record is administrative coordination with DHS and relying on federal agency discretion to phase or soften enforcement [1] [2] [3].