Mr. President, I rise today in support of the amendment offered by Senators Max Baucus and Jon Tester to remove the provisions in the immigration bill relating to Real ID.  I am pleased to cosponsor this amendment and I applaud Senators Baucus and Tester for their efforts. 

I have very strong concerns with Real ID, namely the burdensome mandate on state and local governments and the impact Real ID will have on Americans' privacy and civil liberties.  I have introduced legislation, S. 717, the Identification Security Enhancement Act, with Senators John Sununu and Patrick Leahy, in addition to Senators Tester and Baucus, to repeal the unworkable Real ID and replace it with a more realistic process to secure identification cards and drivers licenses.

As such, I am deeply concerned by the provisions in the immigration bill that would mandate Real ID given the fact that 15 states have passed legislation rejecting Real ID.  Under the immigration bill, every employee in America must present a Real ID compliant drivers license by 2013 to begin a new job.  This is problematic as it is unfair to employees in states that have rejected Real ID.  It is also impossible for states to implement Real ID by 2013.  In testimony before the Senate Oversight of Government Management Subcommittee in March, the National Governors Association and the National Conference of State Legislatures, in addition to the Mayor of the City and County of Honolulu, called for a ten year reenrollment period.  The five year period contemplated by the Real ID proposed regulations, as well as by the immigration bill before the Senate, is part of what is contributing to the $23 billion unfunded mandate on the states. 

Moreover, given the numerous problems with Real ID, expanding the official uses of this card to employment will only make the card more attractive for counterfeiting and misuse.  With the vast amount of personally identifiable information to be stored on the Real ID card, I fear such action will only ensure that the cards provide one-stop shopping for identity thieves.

Congress must act to address the fundamental flaws with Real ID and provide realistic and workable solutions to ensure that states have the resources to secure licenses and that such efforts protect our privacy and civil liberties.  I look forward to working with my colleagues to do so in the near future. 

However, regardless of one's position on Real ID, it is impracticable to tie our immigration reform efforts on a flawed program that states cannot implement.  I urge my colleagues to support this amendment to remove the provisions related to Real ID from the immigration bill.

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