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Editorial: State must change ID law

Tue., Nov. 10, 2015

The federal government has put Washington on notice for failing to bring state driver’s license and identification law into compliance with the federal REAL ID Act of 2005.

Congress passed that law in the wake of the 9/11 terrorist attacks to make it more difficult for potential terrorists to elude detection.

The state was warned a non-compliance notice would be coming, but the Legislature failed to move a bill. The hold-up is that Washington is one of two states — New Mexico is the other — that doesn’t require state ID holders to prove citizenship or legal status.

Since 2007, Washington has offered an enhanced ID, which passes federal muster and can be used to cross the Canadian and Mexican borders, but only about 500,000 people have one. About 5.4 million people have standard licenses, and about 600,000 have regular ID cards, according to the Associated Press.

People carrying standard ID may be barred from secured federal facilities, such as the Hanford Nuclear Reservation. Even more worrisome is the possibility that these Washingtonians won’t be allowed to board airplanes with regular state-issued IDs.

Knowing federal patience was wearing thin, state officials last January urged the Legislature to tighten the driver’s license/ID law. The feds took note and granted and extension until Oct. 10.

But a proposed bill went nowhere, and the U.S. Department of Homeland Security sent a letter to the state Department of Licensing last month saying its request for another extension had been denied.

As Tony Sermonti, legislative director for the state Department of Licensing, said at the outset of the last legislative session, “The action that is taken or not taken this session will have significant bearing on the conversations with Homeland Security later this year when we need to renew the extension.”

He was right. The state will be considered out of compliance in January, according to the DHS letter. End of conversation.

A notice posted at the state Department of Licensing website says the feds will decide in December how this affects passengers boarding commercial flights, but that any restrictions would apply four months after the announcement.

Gov. Jay Inslee has called for a two-tiered licensing system like California’s. Under this system, the enhanced ID would continue to be offered to those who offer proof of citizenship. Those not wanting to do so or who can’t do so would be issued limited licenses, which would be marked as such. Holders of those ID may need some other form of ID to board airplanes.

Immigration hard-liners want to use the state ID law to root out illegal immigrants, but this would lead to more people driving without a license or insurance. Plus, licensing fees would go uncollected, depriving the state of much-needed transportation money.

The Legislature has no choice but to act, and it should do so as soon as the session opens in January. The two-tiered approach makes the most sense for Washington.

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