Can Undocumented Immigrants Get REAL ID?

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Key Takeaways:

Undocumented immigrants cannot get REAL ID-compliant IDs; must show lawful U.S. status to qualify for federal purposes.
Some states offer standard IDs/drivers’ licenses for undocumented immigrants, valid for state but not federal uses.
Obtaining REAL ID with false information can result in fraud charges, fines, or deportation; legal counsel recommended.

Can Undocumented Immigrants Get REAL IDs?

Undocumented immigrants generally cannot obtain REAL ID-compliant driver’s licenses or identification cards in the United States. The REAL ID Act sets standards for state-issued IDs to be used for federal purposes, requiring proof of legal presence in the U.S. This means only those who can prove lawful status, such as U.S. citizens, lawful permanent residents, or individuals with specific temporary statuses like DACA recipients and those with Temporary Protected Status (TPS), are eligible for REAL ID.

What Are the Requirements for a REAL ID?

To apply for a REAL ID, individuals must provide several forms of documentation:

Proof of Identity: Examples include a valid passport or birth certificate.
Proof of Social Security Number: A Social Security card is commonly required.
Proof of State Residency: Utility bills or rental agreements can serve this purpose.
Proof of Lawful Presence in the U.S.: Documentation such as a green card or an employment authorization document (EAD) is necessary.

These requirements ensure that only individuals with a lawful presence in the U.S. can obtain a REAL ID.

What Are the Options for Undocumented Immigrants?

Undocumented immigrants cannot get REAL ID-compliant identification, but some states offer standard driver’s licenses or ID cards. These standard IDs are valid for state purposes but not for federal purposes like boarding domestic flights or entering federal buildings.

States that offer standard IDs for undocumented immigrants include:

California
Colorado
Connecticut
Delaware
Illinois
New Mexico
Washington

According to VisaVerge.com, these states provide a vital option for undocumented immigrants to drive legally and access state services.

What Are the Consequences of Attempting to Obtain a REAL ID Illegally?

“Attempting to get a REAL ID with false documents or by misrepresenting one’s immigration status can lead to serious legal consequences,” as noted by immigration law specialists. The potential criminal charges include:

Fraud or false statements
Fines
Possible deportation proceedings

Are There Legal Penalities for Being Ineligible?

There are no penalties simply for being ineligible for a REAL ID. The problems arise if someone tries to circumvent the legal requirements. Using fraudulent documents or false information to obtain any government-issued ID is generally considered a criminal offense across the U.S.

Why Should Undocumented Immigrants Seek Legal Counsel?

The complexities of immigration law make it crucial for undocumented immigrants to seek legal advice before attempting to acquire any form of government ID. An immigration attorney or a qualified non-profit organization can offer guidance on the legal options available.

Why Is Proof of Legal Status Necessary for REAL ID?

The REAL ID Act mandates proof of legal status to ensure that IDs used for federal purposes are issued only to individuals with lawful status in the U.S. This measure aims to enhance national security and maintain accurate federal records.

Important Dates and Future Changes

Starting May 7, 2025, REAL ID-compliant identification will be required for domestic flights and access to certain federal facilities. It’s crucial for individuals to be prepared and understand these requirements well in advance.

For more detailed information on the REAL ID Act and its requirements, you can visit the Department of Homeland Security’s official website.

In conclusion, while undocumented immigrants cannot obtain REAL IDs due to the necessary proof of lawful presence, they have access to standard state IDs in several states. These standard IDs are valuable for legal driving and accessing state services, offering a vital resource for undocumented residents. For personalized legal advice, undocumented immigrants should consult an attorney or qualified non-profits. The legal repercussions of attempting to get a REAL ID fraudulently are severe, emphasizing the importance of understanding and complying with immigration laws.

Learn Today:

Glossary

REAL ID Act: A U.S. law that sets standards for state-issued driver’s licenses and identification cards used for federal purposes, requiring proof of legal presence in the country.
Proof of Lawful Presence: Documentation proving an individual’s legal right to live and work in the United States. Examples include green cards, employment authorization documents (EAD), and certain temporary statuses like DACA or Temporary Protected Status (TPS).
Temporary Protected Status (TPS): A temporary immigration status granted to eligible nationals of certain countries facing conditions such as armed conflict or natural disasters, allowing them to live and work in the United States.
Standard ID: State-issued driver’s licenses or identification cards available to residents, including undocumented immigrants, which are valid for state purposes but not for federal purposes like boarding domestic flights or entering federal buildings.
Fraudulent Documents: False or altered documents used to misrepresent one’s identity or legal status. Using such documents to obtain government-issued IDs is a criminal offense and can lead to legal consequences including fines, criminal charges, and deportation proceedings.

This Article In A Nutshell:

Undocumented immigrants can’t obtain REAL ID-compliant licenses in the U.S. due to required legal documentation. However, some states, like California and Washington, offer standard IDs for state purposes. For federal activities like flights, a REAL ID is necessary. Seek legal advice for navigating ID options and immigration status.
— By VisaVerge.com

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