REAL ID Frequently Asked Questions for State Extensions

Frequently asked questions and answers regarding extensions of states to their implementation of the REAL ID Act.

Q - What is an extension?

A - The REAL ID Act authorizes the Secretary of Homeland Security to grant extensions in cases where the state provides adequate justification for noncompliance. For the duration of that extension, Federal agencies may accept for official purposes driver’s licenses and identification cards issued by that jurisdiction.

Q - How long will an extension last?

A - The current round of extensions are currently under review. Once a determination on a state’s status is made these extensions will end Oct. 10, 2017.

Q - How will DHS determine whether to grant an extension to a jurisdiction?

A - In determining adequate justification for noncompliance, DHS will consider among other things:

1. Progress made by jurisdiction in implementing the minimum standards of the Act;
2. Justification for noncompliance and plans for implementing any unmet requirements; and
3. Existence of external factors (e.g., resources, contract cycles, operations issues) that would delay full implementation.

Q - Will an extension be renewable?

A - Extensions are renewable at the discretion of the Secretary provided there is adequate justification for continued noncompliance. Renewal is not automatic and state should provide DHS with information about their progress in implementing any outstanding standards.

Q - How does a jurisdiction apply for an extension?

A - Where a jurisdiction has already provided DHS with sufficient information to grant an extension, jurisdictions need take no additional steps to receive an extension. All other jurisdictions seeking an extension should provide DHS with justification for continued noncompliance. To assist DHS in making an extension determination, states may want to note the progress made in meeting the requirements and the state’s plan for addressing any unmet requirements.