Real ID
Jan 3, 2013, 6:08 pm
#31
Join Date: Apr 2011
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Once again, more TSA bashing.
The TSA is requiring REAL ID because Congress passed a bill requiring it. I doubt TSA wants to give anyone an enhanced patdown because their state didn't meet some technical requirement in a bill passed in 2005. In fact, DHS (parent department of TSA) has done everything in its power to weaken REAL ID, including issuing regulations that are as weak as permissible under the Act and granting deferment after deferment in order to give Congress time to modify/repeal it.
But since this is Flyertalk, I guess it's always TSA's fault.
The TSA is requiring REAL ID because Congress passed a bill requiring it. I doubt TSA wants to give anyone an enhanced patdown because their state didn't meet some technical requirement in a bill passed in 2005. In fact, DHS (parent department of TSA) has done everything in its power to weaken REAL ID, including issuing regulations that are as weak as permissible under the Act and granting deferment after deferment in order to give Congress time to modify/repeal it.
But since this is Flyertalk, I guess it's always TSA's fault.
Jan 3, 2013, 6:21 pm
#32
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Jan 3, 2013, 6:37 pm
#33
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Jan 3, 2013, 6:43 pm
#34
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Jan 3, 2013, 8:30 pm
#35
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In other words, the secretary of the DHS can add other official purposes, but cannot change the ones already specified.
Jan 4, 2013, 2:49 am
#36
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The REAL ID Act says: "The term `official purpose' includes but is not limited to accessing Federal facilities, boarding federally regulated commercial aircraft, entering nuclear power plants, and any other purposes that the Secretary shall determine."
In other words, the secretary of the DHS can add other official purposes, but cannot change the ones already specified.
In other words, the secretary of the DHS can add other official purposes, but cannot change the ones already specified.
Last edited by TWA884; Jun 16, 2019 at 8:33 am
Jan 4, 2013, 3:08 am
#37
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Jan 4, 2013, 4:31 am
#38
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The quote which you posted doesn't validate my claim. Practical experience and DHS and/or White House facilitated practice does evidence the claim as being correct. "Waivers" and other applied qualifications are a regular part of Executive action.
Last edited by TWA884; Jun 16, 2019 at 8:33 am
Jan 4, 2013, 11:54 am
#39
Join Date: Jun 2012
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Only 13 states are in compliance with the REAL ID Act, so the Feds will have to issue a deferrment or waiver. Compliance with the REAL ID Act is funded via grants from the Federal Government. So what I am saying is, you do not need a passport to travel within the United States if you are US Citizen or non-Citizen with a US State issued ID.
Jan 4, 2013, 1:11 pm
#40
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I know that what you were trying to say was in relation to the TSA, but the fact is that non-citizens cannot travel within the USA only with their state-ssued IDs.
Last edited by König; Jan 4, 2013 at 2:20 pm
Jan 4, 2013, 1:17 pm
#41
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The DHS has issued a statement on Real ID. They've basically said that are going to enforce the rule on the 15th of January but they've given diferments to individuals who have id's from non -compliant states. This really nullifies the spirit of the law, which is to make certain the person flying is who they say they are. New rules are to be announced in the fall of 2013.
http://g3insider.wordpress.com/2013/...id-dhs-update/
http://g3insider.wordpress.com/2013/...id-dhs-update/
Jan 4, 2013, 1:18 pm
#42
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Non-citizens in fact do travel by air with just state issued ID. Some non-citizens even travel by air without any ID. It's not necessarily a violation of any law to do either of the above mentioned.
Last edited by TWA884; Jun 16, 2019 at 8:33 am
Jan 4, 2013, 2:24 pm
#43
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Sorry, it doesn't work that way. The president doesn't have some magical "waiver" authority up his sleeve that he can use whenever he wants. Sometimes congress authorizes the president or one of his department secretaries to waive portions of a law if necessary, but absent such authority, the executive branch cannot unilaterally waive a law.
Jan 4, 2013, 3:42 pm
#44
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Not exactly sure why an apology would be due, but it does work the way I stated with "waivers" and other applied qualifications being a regular part of Executice action.
Circumvention of Congress or Congressional legislative "intent" is an Executive legal specialty of sorts with a long, enduring history. Sometimes some in Congress even go to court over the Executive doing just what I stated here and before. Will Congress or its members sue the Executive over REAL ID Act "waivers", "deferments" or whatever they may be called? Not likely, but it could happen .... perhaps even with the Courts siding with the Executive. As a practical matter people are allowed into many sorts of federal facilities without ID. As a practical matter, even access to non-federal facilities controlled by the federal government will continue to take place for people without "REAL ID" as long as the Executice wishes it to be the case and Congress doesn't push the matter in the Courts and get lucky in the Courts.
Circumvention of Congress or Congressional legislative "intent" is an Executive legal specialty of sorts with a long, enduring history. Sometimes some in Congress even go to court over the Executive doing just what I stated here and before. Will Congress or its members sue the Executive over REAL ID Act "waivers", "deferments" or whatever they may be called? Not likely, but it could happen .... perhaps even with the Courts siding with the Executive. As a practical matter people are allowed into many sorts of federal facilities without ID. As a practical matter, even access to non-federal facilities controlled by the federal government will continue to take place for people without "REAL ID" as long as the Executice wishes it to be the case and Congress doesn't push the matter in the Courts and get lucky in the Courts.
Last edited by TWA884; Jun 16, 2019 at 8:34 am
