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Regulation impasse could mean passports needed for domestic flights

It's possible that in 2016, you'll need one of these for a flight within the United States.
Wendy Pierro / Tribune Newspapers
It’s possible that in 2016, you’ll need one of these for a flight within the United States.
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Whether flying from Miami to Seattle — the longest flight in the American Lower 48, according to Airfarewatchdog — or making the 40-minute hop from Phoenix to Tucson, you might need a passport to board a domestic flight at some point in 2016.

As of this writing, three states (Minnesota, Louisiana and New York) and one American territory (American Samoa) were not in compliance with the Real ID Act of 2005, which mandates that state-issued identification cards meet a new, tougher standard that “should inhibit terrorists’ ability to evade detection by using fraudulent identification,” according to the Department of Homeland Security.

But here’s where things get really tricky: Another 29 states and territories are not in compliance but have been granted extensions through Oct. 10, 2016, to get there. The question is whether those states will be able — or willing — to achieve compliance.

Consider Illinois.

As part of the Real ID Act, each state must pass a law authorizing implementation. A bill was introduced in Illinois’ state assembly in 2015 but stalled in committee due to concerns over allocating money toward an unfunded federal mandate.

A spokesman for the secretary of state’s office has estimated an annual cost of $3.75 million to participate in the Real ID program, simply to verify residents’ birth certificates — a component of Real ID — and to store them in a federal database. For a state in the midst of economic crisis, the hesitation is perhaps not much of a surprise.

States across the nation are in the midst of similar juggling acts. Some are openly defying the federal law, such as Louisiana, where Gov. Bobby Jindal vetoed state legislation to comply with Real ID earlier this year, citing the burden of “unnecessary federal oversight,” according to press reports.

The good news for travelers is that Homeland Security seems to be far from playing hardball on the matter. In mid-October, as an extension that kept those 29 states and territories in compliance was about to expire, the agency granted an additional year of extension.

Further, in October, the department announced that the Transportation Security Administration will continue to accept valid driver’s licenses and identification cards issued by all states “until announced otherwise.”

The truth is that there are a lot of unknowns about how Real ID will shake out and what the impact will be on travelers. At the rate that Homeland Security has handed out extensions, further extensions beyond 2016 seem likely. (According to the Nevada Department of Motor Vehicles, residents of that state won’t be required to comply with Real ID until 2020.)

There also has been speculation that people traveling without Real ID-compliant identification will still be able to travel but will be subject to an extra layer of security.

In the meantime, the surest bet to avoid aggravation is to get a valid passport. They aren’t cheap, but they’re worth having. Doubly so now. (Check your state’s status here: http://www.dhs.gov/real-id-enforcement-brief.)

jbnoel@tribpub.com

Twitter @joshbnoel