Down to the wire on Real ID, Maine officials stand by the state’s refusal to participate and ask for relief

Gov. John Baldacci and U.S. Rep. Tom Allen sent letters to U.S. Homeland Security chief Michael Chertoff Tuesday, calling on the department to give Maine a break on the penalties for not participating in the Real ID act.

The Maine Legislature passed a resolution last year barring the state from participating in a national ID program. The Real ID Act requires states to request an extension by next Monday, and pursuant to the resolution Maine will not be making such a request, according to Baldacci’s office.

If Maine is not granted relief, then starting on May 11 residents with Maine driver’s licenses will need a passport or military ID to board airplanes, enter federal buildings or do anything else that requires a government ID.

Maine is one of four states that has not complied.

“Maine has made tremendous progress in improving our driver’s license, and our State has made it clear that we do not support REAL ID,” Baldacci said in a release. “But I also felt it was necessary to send this letter to the Department of Homeland Security. I do not want to see Maine people used as a political pawn in a dispute between federal and state authorities. Come May 11, Mainers should be able to travel without extra security or unnecessary delays. To target them would be unfair.”

In his letter, Baldacci highlighted a number of improvements made to Maine’s driver’s licenses, including mandated collection of social security numbers or written proof of ineligibility, digital photograph retention and tamper-proof security features.

Baldacci calls the Real ID act a “massive financial burden” on the state during a time when resources are limited. Montana made a similar request which was granted, said David Farmer, a spokesman for the governor.

The Legislature has stood firm in their refusal to participate in the act. Instead, they have directed Secretary of State Matthew Dunlap to work with the U.S. government to find a resolution.

Baldacci is also holding out hope that a bill by Allen to repeal the Real ID act will pull through. Allen’s bill instead calls for a negotiated rulemaking process between DHS, the Department of Transportation, states and experts in privacy, civil liberties and constitutional rights. This group will establish new driver’s license standards that are in the interest of both national security and citizens’ privacy.

New Hampshire Senator John Sununu is a cosponsor of companion legislation in the Senate.

“There is an alternative to the path we’re on. I hope Congress and the President will take it,” Baldacci said.

Allen’s letter decried continued implementation of the Real ID mandate, with emphasis on penalties for states who do not comply.

“Without a single state in compliance, the May 11 deadline is arbitrary in terms of actually strengthening our national security,” Allen’s letter states. “I believe that your agency has recognized that REAL ID will not work in its current form. On January 11, 2008, DHS tacitly acknowledged this when they issued final rules directing states on how to implement REAL ID. These rules pushed back full implementation until December, 2017, sixteen years after September 11, 2001. By issuing delay after delay, your agency seems to acknowledge that REAL ID is unworkable as written.”

U.S. Sen. Susan Collins was included in the bipartisan group of senators who requested a blanket extension for all 50 states from the May 11 deadline to comply with Real ID. The Department of Homeland Security denied the request Friday.

Collins, the ranking Republican on the Senate Homeland Security Committee, has worked to make sure that those who request the extension will receive it, according to a press release from her office.

Collins issued the following statement regarding Friday’s decision by DHS: “This inability underscores the importance of the extension that I negotiated with the Department in the final regulations. With a single, one-sentence letter, the State of Maine can request an extension, thus ensuring that Mainers will still be able to use their drivers' licenses to board planes and access federal buildings when the regulations go into effect on May 11, 2008. While I remain concerned about the cost and privacy issues associated with REAL ID, I continue to urge the State to request this extension, which in no way commits it to future compliance with REAL ID but rather would avoid tremendous inconvenience for Maine citizens.”

U.S. Sen. Olympia Snowe also issued a statement Tuesday supporting the Governor.

“As Maine continues to work diligently to improve identification security, I urge Secretary Chertoff to grant the Governor’s request for Maine IDs to continue to be accepted for federal purposes following the May 11th implementation of the REAL ID program. As the state and the nation continue to grapple with a sluggish economy and widespread budget shortfalls, this is the wrong time to force an undefined federal mandate on the state that, by all estimates, it cannot afford,” she said.