In the years immediately following 9/11, Republican lawmakers successfully drafted and passed REAL ID legislation that was promoted as a tool to prevent a similar act of terror from unfolding again.
Twenty years after President George W. Bush signed the legislation into law, it is set to take effect next month as the Trump administration’s Department of Homeland Security (DHS) looks to bolster national security while also further cracking down on crime and illegal immigration in the U.S.
Americans will need to obtain a REAL ID, which is a federally-compliant driver’s license or other identification that meets higher standards than state-issued licenses, in order to easily travel by air, DHS explains on its website. Only legal U.S. citizens or residents can obtain an identification card, while valid U.S. passports can also still be used instead of a REAL ID for domestic air travel.
Ahead of the law taking effect on May 7, Fox News Digital took a look back on what top Republicans in 2005 had to say about the legislation and its passage — including the 9/11 Commission’s support of heightening standards for government-issued IDs.
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Former Wisconsin Republican Rep. Jim Sensenbrenner, while serving as House Judiciary Committee chair, introduced the REAL ID Act of 2005 in January of that year as an additional security measure to prevent “terrorist entry” to the U.S.
Terrorists behind the 9/11 attacks used phony driver’s licenses to enroll in flight classes and board the planes on Sept. 11, 2001, according to the 9/11 Commission’s report. Iowa Republican Sen. Chuck Grassley’s office has previously reported that “18 of the 19 hijackers had acquired some form of fraudulent ID, including 30 driver’s licenses from various states.”
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The REAL ID Act of 2005 passed both chambers of Congress in May of that year, with Bush signing it into law on May 11, 2005. The House passed the legislation by a 368-58 vote, while the Senate unanimously passed it.
The legislation received widespread support from lawmakers, most notably Republicans, who controlled both chambers of Congress and the White House at the time. This was after the 9/11 Commission recommended the government set standards for forms of government-issued identification, such as driver’s licenses.
“The federal government should set standards for the issuance of birth certificates and sources of identification, such as driver’s licenses,” the commissioners wrote in their report, which was published in 2004. “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.”
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The National Commission on Terrorist Attacks Upon the United States — better known as the 9/11 Commission — was established in 2002 to investigate the terror attacks on Sept. 11, including how to prevent such a tragedy in the future. The commission dissolved in 2004 after publishing its final report that year.
The Bush administration was also supportive of the legislation ahead of its passage, arguing it would further protect the country against acts of terror.
“The Administration strongly supports House passage of H.R. 418, to strengthen the ability of the United States to protect against terrorist entry into and activities within the United States. In particular, the legislation tightens procedures for non-citizen entry into and presence in the United States, facilitates the building of physical barriers where appropriate to protect U.S. borders, and facilitates the strengthening by the States of the standards for the security and integrity of drivers’ licenses,” a Bush administration statement published on Feb. 9, 2005 stated.
Sensenbrenner celebrated that the REAL ID Act would prevent terrorists from “hiding in plain sight” while on U.S. soil.
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“By targeting terrorist travel, the REAL ID will assist in our War on Terror efforts to disrupt terrorist operations and help secure our borders,” Sensenbrenner said in a statement following its passage in Congress.
Activist groups at the time of its passage railed against the legislation as an attack on immigrants and promoting “post-9/11 xenophobia,” NBC News reported at the time.
Fox News Digital reached out to Bush’s office for comment on the measure and his support for the legislation in 2005, but did not immediately receive a response.
Twenty years later, the Trump administration’s DHS is implementing REAL IDs after decades of setbacks, including some states initially refusing to comply, and delays during the coronavirus pandemic.
“Passed by Congress in 2005, the REAL ID Act enacted the 9/11 Commission’s recommendation that the Federal Government ‘set standards for the issuance of sources of identification, such as driver’s licenses.’ The Act established minimum security standards for state-issued driver’s licenses and identification cards and prohibits certain federal agencies from accepting for official purposes licenses and identification cards from states that do not meet these standards,” DHS states on its website, alongside a countdown clock to May 7.
A DHS memo exclusively obtained by Fox Digital on April 15 outlined that part of the motivation for the Trump administration to enforce the REAL ID law is to prevent those in the country illegally from flying — unless they are looking to self-deport on an international flight.
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“Under Biden, illegal aliens used non-compliant IDs from sanctuary cities to board flights, but REAL ID’s higher security standards make it nearly impossible to forge legitimate documents, ensuring only verified travelers can fly,” the memo states.
“This closes the gaping vulnerabilities Biden’s policies created, preventing criminals and potential terrorists from exploiting our aviation system, as seen during 9/11 when fraudulent IDs enabled attacks,” the memo continues.
The agency emphasized that the measure prevents people in the country illegally from traveling within the U.S.
“DHS and TSA [Transportation Security Administration] are clear, the only place an illegal alien should be flying is home. Under Secretary Kristi Noem’s leadership, illegal aliens will be barred from domestic flights, with one exception: illegal aliens self-deporting on international flights will be allowed to board without a REAL ID, encouraging their exit from the U.S.,” it states.
The law has come under fire from some Republicans who say it bolsters the oversight “Big Brother” holds over the country, while Democrats, such as Rhode Island Sen. Jack Reed, have sounded the alarm that many Americans still lack access to REAL IDs.
“REAL IDs make identification harder to forge, thwarting criminals and terrorists. Eighty-one percent of air travelers hold REAL ID-compliant or acceptable IDs. DHS will continue to collaborate with state, local, and airport authorities to inform the public, facilitate compliance, curb wait times and prevent fraud,” DHS Assistant Secretary for Public Affairs Tricia McLaughlin told Fox News Digital in a statement last week.
Fox News Digital’s Cameron Arcand and Morgan Phillips contributed to this report.
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