Residents of Maine & South Carolina in Jeopardy With Federal ID Law

Starting in May, driver’s licenses issued in Maine and South Carolina may not be accepted as identification at airports and federal buildings unless the states work out a last-minute agreement with the federal Department of Homeland Security.

The states are refusing to ask the agency to extend the deadline for applying new layers of security in their identification systems as required under the federal Real ID Act. Congress passed the legislation in 2005 with the intention of making it harder for terrorists to obtain driver’s licenses.

The final Real ID regulations were released Jan. 11, and states have until Monday to request an extension of the compliance date. Without an extension, driver’s licenses from Maine and South Carolina will no longer be deemed valid as identification at airports and federal buildings starting May 11, the original date of compliance. As an alternative, travelers could use passports.

“If an individual shows up at an airport on May 11 or later and their licenses are from any state not in compliance, it’s effectively showing up without federal identification of any kind,” said Amy Kudwa, a spokeswoman for the Department of Homeland Security. “Individuals in those scenarios will have to have added security and screening.”

Maine and South Carolina are among a number of states that have passed laws barring participation in the Real ID program. The others have all won extensions, and Maine and South Carolina hope to be granted extensions as well, without formally requesting them.

Many states are concerned about cost, privacy and the federal government’s encroaching on a program traditionally left to the states.

This past week, extensions were granted to Montana and New Hampshire after their governors sent letters to the Department of Homeland Security detailing steps taken to tighten license security. The governors refused to ask for a waiver because, they said, state law prohibited any participation in the program. The agency granted each state a waiver anyway, saying the plans passed muster.

Gov. John E. Baldacci of Maine, a Democrat, sent a similar letter this week, and his office is in ongoing negotiations with the department. A spokesman for Gov. Mark Sanford of South Carolina, a Republican, said he would likely send some type of correspondence Monday.

“There is no wiggle room in South Carolina law in terms of asking for an extension,” Joel Sawyer, the spokesman, said. “If Washington wants a more secure form of ID, then Washington ought to be able to pay for it.”

Don Cookson, a spokesman for Maine’s secretary of state, Matthew Dunlap, who oversees the state’s Bureau of Motor Vehicles, said privacy was a major concern, as license information would be pooled into a federal database. Mr. Cookson said the state hoped for an extension.

“People are calling us, bothered at the notion that they will need a federally issued U.S. passport for domestic travel,” Mr. Cookson said.

How to handle states with laws prohibiting the carrying out of Real ID will be an issue for the next administration. The extension is good until Oct. 11, 2009, at which time states can apply for even more time. According to the law, all states must start issuing licenses that meet the law’s standards by Jan. 1, 2010.

Jeff Monroe, director of ports and transportation for the city of Portland, Me., said increased security requirements would heavily affect the relatively small Portland Jetport.

“We are wondering how in heaven’s name we are going to deal with having to put up a fair amount of secondary screening,” Mr. Monroe said.

Fliers at the Jetport who have Maine licenses would be plucked out of security lines to undergo additional screening, and all fliers would need to arrive at least two hours before boarding, he said.

“We absolutely recognize what the federal government wants to get accomplished,” he said. “What I hope does not happen is that the traveling public does not get inconvenienced in the middle of these conversations.”