*LOCAL HEROES: MAINERS STAND UP AGAINST REAL ID
* * DOWN EAST MAGAZINE* <http://www.downeast.com/Down-East-Magazine/April-2008/Your-Papers-Please/>- Unless someone blinks, after May 11 air travel for Mainers will get a lot more complicated. So will entering a federal office building or courthouse. That is the day the Department of Homeland Security institutes new regulations that will gradually turn drivers' licenses into national identification cards. . .

"The vote opposing Real ID in the legislature wasn't about the money," Secretary of State Matthew Dunlap explains. "Every caucus, Republican and Democratic, House and Senate, said we don't trust the government to create databases of personal information and controls on how we move around."

"Real ID fundamentally undermines Mainers' privacy and security," declares Shenna Bellows, executive director of the Maine Civil Liberties Union. "The federal government is foisting a national identification card on Americans without any debate on the pros or cons."

Opposition to the new regulations has brought together an unusual assortment of players, from the MCLU to George Smith of the Sportsman's Alliance of Maine to legislative leaders of both parties. In truth, it's difficult to find anyone in Maine who supports the measure outside the few dozen members of Mainers for a Sensible Immigration Policy, who hope that Real ID is the solution to the illegal immigration problem. . .

Mainers who cannot produce an acceptable ID after the May 11 deadline - a passport or a military ID card, for example - will face additional screening at airport security checkpoints. "There are practical implications for residents of states that don't participate," acknowledges DHS spokesperson Amy Kudwa. "The IDs of states that opt out are no longer valid for federal purposes. This is the law, and we are the enforcing agency."

"Even if just Maine stays out of the program, it's going to cause chaos at the airports in Portland and Bangor," Dunlap says, "and in Chicago and Boston and Los Angeles, too, because Mainers travel. But it's not just Maine - Montana, Georgia, New Hampshire, all those other states have refused to join the program."

"DHS is trying to scare Maine into backing down," warns the MCLU's Bellows. "What's really going to happen on May 11 is nothing is going to happen. It's hard to believe that DHS is going to prevent the residents of all these states from boarding planes unless they go through enhanced security procedures. It would be a nightmare.". . .

There are other issues with Real ID beyond flight delays. Bellows points out that Chertoff could end up explaining himself to a federal judge if citizens are barred from entering a federal courthouse or office building without showing a Real-ID compliant document. "There are serious First Amendment problems relating to the right to assemble and right to petition the government for redress of grievances," she notes. "If people are forced to show a Real ID license to enter a federal building, it imposes an unreasonable restriction on their access to their public servants.". . .

Bellows says barring people who lack approved identification could be seen as imposing limits on the right of a federal court defendant to face his or her accuser or the right of a witness to testify. "The regulations do not address the constitutionality issue at all," Bellows notes. "We think Real ID is constitutionally unsound, and the Department of Homeland Security is opening itself to immediate legal challenge."

Dunlap notes that there is already talk of requiring Real ID-compliant identification for voters. "The Carter-Baker Commission on Federal Election Reform included it in their final recommendations," he says. If that happens, the state will not be allowed to charge a fee for a driver's license, because it would be interpreted as a poll tax, which is illegal.

George Smith, executive director of the Sportsman's Alliance of Maine, has some experience with that issue. He fears that Real ID is a foot in the door to increasing government surveillance of citizens. "Look what happened with our Social Security numbers," he says. Many older Mainers have Social Security cards from their youth that say prominently "Not to be used for identification." Now the number is required for all sorts of things.

"I was refused a fishing license in Florida and a pheasant hunting license in North Dakota because I refused to give them my Social Security number," Smith recalls. To him Real ID "smacks of needing a passport to travel in your own country."




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