At the outset the article rather bizarrely casts the subject circumstances as a matter of government incompetence in its design and execution of an identification standard as opposed to the reality it then reports on which is DHS tripping over itself to justify unlawful detention of US citizens without cause.
This feels strange and biased, and I’m not sure it belongs on HN.
The only context in which DHS claims Real ID is “unreliable” appears to be during mass detentions. That framing reads less like a genuine critique of Real ID and more like a convenient justification: “Sorry, we detained you because you look Mexican. Your Real ID isn’t sufficient.”
The author then shifts blame onto Real ID itself, rather than on DHS agents who are choosing to ignore it.
I can't speak to any original purpose of the act, but Real IDs in practice have never guaranteed a person currently has legal status. It is not even enough on its own to demonstrate the ability to legally work (see form I-9).
If you want to quickly prove citizenship, a passport is what you need.
> When asked to comment on Lavoie's declaration, a DHS spokesperson said in a statement to Reason: "The INA requires aliens and non-citizens in the US to carry immigration documents. Real IDs are not immigration documents—they make identification harder to forge, thwarting criminals and terrorists."
>But of course, Venegas is a U.S. citizen, so he is not required to carry non-existent immigration documents.
Reading between the lines here: citizens who happen to be personae non gratae can be detained indefinitely as soon as they fail to produce immigration documents.
These documents are allowed to not exist if someone is a citizen. Alas, if there is no reliable way to prove one's citizenship, then nobody really needs to be treated like a citizen and everyone can be detained at will.
And this last point, given the current US political context, seems to be why Real ID is being undermined right now.
This does guarantee that I'm a US citizen. Only about 5 border states have these as of now. I can cross the border with it in a car, boat, or in foot with one, but not a plane. It's indicated by a flag on your dl. These licenses are confusing and are poorly named. Then there are also passport cards.
This is a mess of confusing different documents that I bet most US law enforcement doesn't understand.
> ...when our Fourth Amendment rights are eroded, there is no evidence or piece of plastic that will suffice to overcome an officer's "reasonable suspicion" once the government decides you're a target.
This is the real issue here. The government is choosing to act in bad faith, and no legislated law can prevent this if the courts fail to enforce the law.
of course. they want to determine citizenship arbitrarily on a case by case basis, usually judged on-the-spot based on skin color and whether they think you attend an evangelical (made up faith) church.
13 comments
[ 2.9 ms ] story [ 27.5 ms ] thread> There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.
The only context in which DHS claims Real ID is “unreliable” appears to be during mass detentions. That framing reads less like a genuine critique of Real ID and more like a convenient justification: “Sorry, we detained you because you look Mexican. Your Real ID isn’t sufficient.”
The author then shifts blame onto Real ID itself, rather than on DHS agents who are choosing to ignore it.
If you want to quickly prove citizenship, a passport is what you need.
>But of course, Venegas is a U.S. citizen, so he is not required to carry non-existent immigration documents.
Reading between the lines here: citizens who happen to be personae non gratae can be detained indefinitely as soon as they fail to produce immigration documents.
These documents are allowed to not exist if someone is a citizen. Alas, if there is no reliable way to prove one's citizenship, then nobody really needs to be treated like a citizen and everyone can be detained at will.
And this last point, given the current US political context, seems to be why Real ID is being undermined right now.
This does guarantee that I'm a US citizen. Only about 5 border states have these as of now. I can cross the border with it in a car, boat, or in foot with one, but not a plane. It's indicated by a flag on your dl. These licenses are confusing and are poorly named. Then there are also passport cards.
This is a mess of confusing different documents that I bet most US law enforcement doesn't understand.
There are numerous reports of people arrested by ice who even have us passports on them, such as https://www.msn.com/en-us/news/us/us-citizen-arrested-by-ice...
This is the real issue here. The government is choosing to act in bad faith, and no legislated law can prevent this if the courts fail to enforce the law.