Have any states passed laws or policies protecting residents who opt out of Real ID, and what do those laws do?
Executive summary
A small number of states maintain non‑REAL ID driver’s licenses or alternative IDs that let residents “opt out” of presenting the extra documents required for a REAL ID; those cards remain valid for in‑state driving and most transactions but are not accepted for certain federal purposes such as boarding domestic flights or accessing secure federal facilities after federal enforcement dates (see state guidance from Maine and Washington) [1] [2]. The Transportation Security Administration (TSA) and Department of Homeland Security (DHS) set the federal enforcement framework and acceptable alternatives (passport, certain state alternatives, or other TSA‑approved documents) that determine the practical limits of any state “opt‑out” [3] [4].
1. How state “opt‑outs” actually work: two tiers of ID
Several states continue to issue two tiers of cards: a REAL ID‑compliant credential (marked with a star or other indication) and a standard, non‑REAL ID license or ID for residents who do not provide the federal documents REAL ID requires; those non‑compliant cards are fully valid for driving and in‑state uses but are not acceptable for covered federal purposes once federal enforcement is in effect (Maine and Washington explain this distinction directly) [1] [2].
2. What protections or choices the laws give residents
State policies that keep a non‑REAL ID option essentially protect a resident’s choice not to submit additional identity and citizenship evidence to the motor‑vehicle agency: the state will still issue a license or ID and allow routine in‑state uses. That protection is a state‑level shelter from compelling every resident to obtain REAL ID, but it does not create a federal exemption for air travel or federal facility access — those are governed by DHS/TSA rules (Maine and Washington state pages show states continue to offer standard cards while noting federal limits) [1] [2].
3. Federal limits on state action: what states cannot do
The federal REAL ID framework and DHS/TSA implementation determine what identification is accepted for federal purposes; states cannot, by issuing a non‑REAL ID card, compel federal agencies or TSA to accept that card for boarding or secure access. TSA’s FAQ and DHS materials make clear that REAL ID enforcement and what counts as an acceptable alternative (passport, other TSA‑approved documents) are federal decisions [3] [4].
4. Examples and reporting: who still issues alternatives
Reporting in 2025 and state government pages show specific examples: Washington explicitly states it will continue to offer standard driver licenses and ID cards for residents to drive and for identification, while noting that as of May 7, 2025 those standard cards are not accepted for boarding domestic flights [2]. Maine’s DMV also states non‑REAL ID licenses remain valid for in‑state transactions and notes the federal requirement for REAL ID or an acceptable alternative beginning May 7, 2025 [1]. Major outlets have reported a handful of jurisdictions that provide specific acceptable alternatives or electronic options recognized by TSA, but the precise list and practical treatments are set by TSA guidance [5] [3].
5. Practical consequences for residents who opt out
Opting out means you keep a state‑issued credential for driving and most daily transactions, but you will need another acceptable form of ID (passport, certain other documents) to board domestic commercial flights or enter many federal facilities when federal enforcement applies (Maine and TSA guidance make this explicit) [1] [3]. In short: state policies protect a choice for in‑state uses; they do not protect you from federal document requirements.
6. Conflicting perspectives and political framing
Advocates for state opt‑outs frame them as privacy protections and a defense against overbroad data collection; critics emphasize security and the federal interest in standardized identity verification. Sources here show states emphasize continuing non‑REAL ID issuance (state DMV pages) while federal agencies emphasize uniform federal standards and enforcement (DHS/TSA documents) — the tension is between state choices about issuance and federal authority over acceptance [2] [3] [4].
7. Limitations of available reporting
Available sources in this packet document state DMV explanations for Maine and Washington and DHS/TSA national enforcement guidance, plus media summaries; they do not provide a comprehensive, cited list of every state law that explicitly protects opt‑outs or the statutory language for each state. A full inventory of state statutes and the nuanced differences among them is not included in the provided sources (not found in current reporting).
Bottom line: several states continue to issue non‑REAL ID cards so residents can decline the federal documentation process and still hold a valid state license for in‑state purposes (Maine and Washington), but federal acceptance for air travel and secure federal access depends on DHS/TSA rules that these state policies cannot override [1] [2] [3].