Biden Administration Action: Modified

DHS Delays REAL ID Requirement Date

This Biden administration policy modifies the Trump-era policy identified in this entry.

On May 3, 2021, DHS issued this interim final rule with request for comments. The rule delays the enforcement of REAL ID Act regulations until May 3, 2023.

Biden Administration Action: Other

2023.03.09 Federal Register: Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Extending Enforcement Date

This Biden administration policy extends the administration's previous action modifying the Trump policy. The final rule further delays the enforcement of REAL ID Act regulations until May 7, 2025, extended from the previous date of May 3, 2023.

Biden Administration Action: Proposed Revocation/Replacement/Modification

2023.08.30 Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Waiver for Mobile Driver’s Licenses

DHS proposes a revision to REAL ID regulations to allow State-issued mobile or digital driver's licenses (mDLs) and identification cards to be accepted by Federal agencies for official purposes under a temporary, case-by case waiver once REAL ID enforcement begins on May 7, 2025. To qualify for the waiver, the following conditions must be met: (1) the mDL holder has been issued a valid and unexpired REAL ID-compliant physical driver's license or identification card from the same State that issued the mDL; (2) TSA has determined the issuing State to be REAL ID-compliant; and (3) TSA has issued a waiver to the State.

DHS will accept comments on the proposed policy through October 16, 2023.

Biden Administration Action: Proposed Revocation/Replacement/Modification

89 Fed. Reg. 74,137 - TSA Proposed Rule for a Phased Approach for Card-Based Enforcement

This Biden Administration policy would modify the Trump-era policy in this entry.

On September 12, 2024, TSA issued a Notice of Proposed Rule Making (NPRM) that would grant federal agencies "appropriate flexibility" in implementing REAL ID regulations. Under this proposed rule, agencies will be permitted to implement card-based enforcement in phases after the May 7, 2025 enforcement deadline, if they determine factors including security, operational feasibility, and public impact warrant such staggered implementation. Agencies will be required to coordinate any phased plans with DHS, make those plans publicly available, and achieve full enforcement by May 5, 2027.