As The Columbian once wrote editorially: “In many ways, an unenforced law is worse than no law at all. When government repeatedly implies ‘oh, we didn’t really mean it’ or ‘sure, we passed a mandate, but it doesn’t matter,’ it undermines the power of legitimate and necessary laws.”
Now, three years after that editorial, the REAL ID Act continues to be an issue that calls for congressional action. Some 20 years after the legislation was passed, it remains unenforced, with implementation repeatedly delayed by multiple presidential administrations.
That is scheduled to change, with the Trump administration saying the act will be enforced beginning May 7 — a date that was set with the most recent delay in 2022. The looming deadline has highlighted decades of federal mismanagement, with residents scrambling to meet the deadline.
As The Columbian reported this week: “Wait times at the state driver licensing office in east Vancouver were as long as two hours by 10:30 a.m. Monday. Cars circled the full parking lot continuously, waiting for someone to leave. Some of those lucky enough to find a spot walked into the building, saw the crowded lobby and immediately walked out.”
The Real ID Act was passed in 2005 in the wake of the 2001 terrorist attacks. As the Washington State Department of Licensing website explains, the act “set new requirements for identification that federal agencies may accept for domestic air travel and entrance to certain federal facilities.”
In other words, to board an airplane beginning next month, you will need identification that complies with the act: An enhanced Washington driver’s license, a passport, military ID or some other document that requires proof of citizenship. A standard Washington driver’s license does not meet that requirement, leading to the rush at local licensing offices.
The impetus for the REAL ID Act was clear. As the 9/11 Commission report issued in 2004 said: “Fraud in identification documents is no longer just a problem of theft. At many entry points to vulnerable facilities, including gates for boarding aircraft, sources of identification are the last opportunity to ensure that people are who they say they are and to check whether they are terrorists.”
But the need for the legislation has been obfuscated by perpetual delays, calling into question the importance of the law.
Therein lies the problem. If a law is not being enforced after 20 years, there is no reason to believe it ever will be, creating confusion among the public. And there is plenty of reason to question the need for it. As Emma Camp has written for Reason magazine, “There is precious little in way of evidence supporting the idea that this additional hurdle could prevent terrorism.”
Indeed, preventing a repeat of the 9/11 attacks is paramount. But our nation has managed to avoid another airliner-based terrorist attack without the requirement of enhanced passenger identification, and the federal government — under both Democratic and Republican administrations — has repeatedly indicated that the requirement is not worth the inconvenience it places on travelers.
The Trump administration should further delay implementation and allow Congress time to repeal the act. That would best serve the public while not demonstrably threatening national security.
But whether or not that happens, the lessons from the REAL ID Act are clear — a law that remains unenforced for 20 years is worse than no law at all.
