Giving Citizens of the Freely Associated States (Like Micronesia) REAL IDs (H.R. 3398)

What is H.R. 3398?

(Updated June 5, 2019)

This bill would amend the REAL ID Act of 2005 to make citizens of the Freely Associated States (FAS, which includes the Marshall Islands, Micronesia, and Palau) admitted to the U.S. as non-immigrants eligible for a driver's license or personal identification card. Under current law, citizens of those countries aren’t eligible for temporary driver's licenses or personal identification cards due to a mistake in the original bill that only allows FAS citizens to get temporary IDs.

Argument in favor

Based on how the REAL ID Act is written, it’s clear that it intended to give citizens of Freely Associated States (like Micronesia) REAL IDs to live and work in the U.S. Due to improper wording in the bill, that isn’t the case, so this bill simply corrects this oversight in the original REAL ID Act.

Argument opposed

States can already issue temporary driver’s licenses and state ID cards to FAS citizens. There’s no need to change their current processes.

Impact

Citizens of the Marshall Islands, Micronesia, and Palau; and state agencies.

Cost of H.R. 3398

The CBO estimates that enacting this bill would have no significant effect on the federal budget.

Additional Info

In-Depth: Rep. Don Young (R-AK) introduced this bill to give citizens of the Freely Associated States (FAS) of the Marshall Islands, Micronesia, and Palau REAL IDs for living and working in the U.S.:

“This legislation would amend the REAL ID Act of 2005 to permit Freely Associated States (FAS) to meet identification requirements under such Act. This matter is of great importance to citizens lawfully residing in the United States pursuant to the Compact of Free Association as it addresses the unintended negative impact of the REAL ID Act on FAS citizens’ ability to use privileges and rights granted under the Compact. When Congress passed the REAL ID Act in 2005, no reference was made to the Freely Associated States, the Federated States of Micronesia, Republic of the Marshall Islands and Republic of Palau (FAS) as among those classes having ‘lawful status’ for the purpose of the Act. Instead, reference was made in the definition of “State” to the ‘Trust Territories of the Pacific Islands’ (TTPI), an entity that has not existed since 1994. While that reference served no operative purpose, it did show congressional intent to include FAS citizens under the Act. As a practical matter, possession of such state-issued REAL ID-compliant document is essential for FAS citizens to live in the United States and maintain employment in the U.S. State where they reside. The consequence of the law as currently worded is that FAS citizens are denied anything more than a temporary ID or driver’s license valid only for one year, resulting in their inability to maintain stable employment and engage in other lawful activities where they reside. Thus, over the past several years, the FAS citizens in the United States have stated their inability to obtain a full-term state ID and driver’s license, even though they are lawfully residing in the United States. The REAL ID Act Modification for Freely Associated States Act would make minor changes and in doing so, would enable thousands of FAS citizens to obtain essential state documentation.”

The Freely Associated States support this bill. In a joint letter to the 114th Congress, the

ambassadors of Palau, the Marshall Islands, and Micronesia wrote:

“As a practical matter, possession of state issued REAL ID-compliant document[s] is essential for FAS citizens in the United States. The consequence of the law as currently worded is that FAS citizens are denied anything more than a temporary ID or driver’s license valid only for one year, resulting in their inability to maintain employment and engage in other lawful activities where they reside. Thus, our Embassies and Consulates have been barraged with calls over the past several years from our citizens in the U.S. who are unable to obtain a full-term state ID card and driver’s license, even though they are lawfully residing in the United States under the terms of our Compacts. Accordingly, we jointly propose that this issue be addressed through minor technical amendments to the REAL ID Act… We believe that an adoption of this small proposal can have a big impact by enabling thousands of our citizens to obtain essential state documentation.”

NumbersUSA, which advocates for reducing immigration levels to the U.S., opposes this bill.

This bill passed the House Committee on Oversight and Government Reform on a voice vote with the support of five cosponsors, including two Republicans and three Democrats.

Of Note: The REAL ID Act was passed by Congress in 2005 to enact the 9/11 Commission’s recommendation that the federal government “set standards for the issuance of sources of identification, such as driver's licenses.” The Act established minimum security standards for state-issued driver’s licenses and identification cards, and prohibited federal agencies from accepting licenses and identification cards from states that didn’t meet these standards for official purposes.

Under current law, states may only issue a temporary driver’s license or personal identification card, valid for one year, to noncitizens whose period of authorized stay is indefinite.

Media:

• Sponsoring Rep. Don Young (R-AK) Dear Colleague Letter
  
• CBO Cost Estimate
  
• Freely Associated States Ambassadors (In Favor Previous Bill)
  
• RPC Summary