Immigration: Analysis of the Major Provisions of the REAL ID Act of 2005

Publication Date: May 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Population and demographics

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Abstract:

During the 108th Congress, a number of proposals related to immigration and identification-document security were introduced, some of which were considered in the context of implementing recommendations made by the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) and enacted pursuant to the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458). At the time that the Intelligence Reform and Terrorism Prevention Act was adopted, some congressional leaders reportedly agreed to revisit certain immigration and document-security issues in the 109th Congress that had been dropped from the final version of the act.

The REAL ID Act of 2005 was first introduced as H.R. 418 by Representative James Sensenbrenner on January 26, 2005, and passed the House, as amended, on February 10, 2005. The text of House-passed H.R. 418 was subsequently added to H.R. 1268, the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, which was introduced by Representative Jerry Lewis on March 11, 2005, and passed the House, as amended, on March 16, 2005. H.R. 1268 passed the Senate on April 21, 2005, as amended, on a vote of 990, but did not include the REAL ID Act provisions. A conference report resolving differences between the two versions of the bill, H.Rept. 109-72, passed the House on May 5, 2005 and the Senate on May 10, 2005, before being enacted into law on May 11, 2005. The version of the REAL ID Act (P.L. 109-13, Division B) ultimately enacted includes most of the provisions of the REAL ID Act that initially passed the House (though not those relating to the bond of aliens in removal proceedings), though some changes were made to certain REAL ID Act provisions.

This report analyzes the major provisions of the REAL ID Act, as enacted, which, inter alia, (1) modifies the eligibility criteria for asylum and withholding of removal; (2) limits judicial review of certain immigration decisions; (3) provides additional waiver authority over laws that might impede the expeditious construction of barriers and roads along land borders, including a 14-mile wide fence near San Diego; (4) expands the scope of terror-related activity making an alien inadmissible or deportable, as well as ineligible for certain forms of relief from removal; (5) requires states to meet certain minimum security standards in order for the drivers' licenses and personal identification cards they issue to be accepted for federal purposes; (6) requires the Secretary of Homeland Security to enter into the appropriate aviation security screening database the appropriate background information of any person convicted of using a false driver's license for the purpose of boarding an airplane; and (7) requires the Department of Homeland Security to study and plan ways to improve U.S. security and improve inter-agency communications and information sharing, as well as establish a ground surveillance pilot program.