Public Law 109-13, Division B - REAL ID Act of 2005

PUBLIC LAW 109–13—MAY 11, 2005

119 STAT. 311

sections 1361 and 1651 of such title, and review pursuant
to any other provision of law (statutory or nonstatutory).’’;
(2) in subsection (b)(9), by adding at the end the following:
‘‘Except as otherwise provided in this section, no court shall
have jurisdiction, by habeas corpus under section 2241 of title
28, United States Code, or any other habeas corpus provision,
by section 1361 or 1651 of such title, or by any other provision
of law (statutory or nonstatutory), to review such an order
or such questions of law or fact.’’; and
(3) in subsection (g), by inserting ‘‘(statutory or nonstatutory), including section 2241 of title 28, United States Code,
or any other habeas corpus provision, and sections 1361 and
1651 of such title’’ after ‘‘notwithstanding any other provision
of law’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect upon the date of the enactment of this division
and shall apply to cases in which the final administrative order
of removal, deportation, or exclusion was issued before, on, or
after the date of the enactment of this division.
(c) TRANSFER OF CASES.—If an alien’s case, brought under
section 2241 of title 28, United States Code, and challenging a
final administrative order of removal, deportation, or exclusion,
is pending in a district court on the date of the enactment of
this division, then the district court shall transfer the case (or
the part of the case that challenges the order of removal, deportation, or exclusion) to the court of appeals for the circuit in which
a petition for review could have been properly filed under section
242(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1252),
as amended by this section, or under section 309(c)(4)(D) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1101 note). The court of appeals shall treat the
transferred case as if it had been filed pursuant to a petition
for review under such section 242, except that subsection (b)(1)
of such section shall not apply.
(d) TRANSITIONAL RULE CASES.—A petition for review filed
under former section 106(a) of the Immigration and Nationality
Act (as in effect before its repeal by section 306(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1252 note)) shall be treated as if it had been filed as
a petition for review under section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252), as amended by this section. Notwithstanding any other provision of law (statutory or nonstatutory),
including section 2241 of title 28, United States Code, or any
other habeas corpus provision, and sections 1361 and 1651 of such
title, such petition for review shall be the sole and exclusive means
for judicial review of an order of deportation or exclusion.

Applicability.
8 USC 1252 note.

8 USC 1252 note.

8 USC 1252 note.

TITLE II—IMPROVED SECURITY FOR
DRIVERS’ LICENSES AND PERSONAL
IDENTIFICATION CARDS
SEC. 201. DEFINITIONS.

49 USC 30301
note.

In this title, the following definitions apply:

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119 STAT. 312

PUBLIC LAW 109–13—MAY 11, 2005
(1) DRIVER’S LICENSE.—The term ‘‘driver’s license’’ means
a motor vehicle operator’s license, as defined in section 30301
of title 49, United States Code.
(2) IDENTIFICATION CARD.—The term ‘‘identification card’’
means a personal identification card, as defined in section
1028(d) of title 18, United States Code, issued by a State.
(3) OFFICIAL PURPOSE.—The term ‘‘official purpose’’ includes
but is not limited to accessing Federal facilities, boarding federally regulated commercial aircraft, entering nuclear power
plants, and any other purposes that the Secretary shall determine.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
(5) STATE.—The term ‘‘State’’ means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and any other territory
or possession of the United States.

49 USC 30301
note.
Effective date.

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SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE
STANDARDS FOR FEDERAL RECOGNITION.

(a) MINIMUM STANDARDS FOR FEDERAL USE.—
(1) IN GENERAL.—Beginning 3 years after the date of the
enactment of this division, a Federal agency may not accept,
for any official purpose, a driver’s license or identification card
issued by a State to any person unless the State is meeting
the requirements of this section.
(2) STATE CERTIFICATIONS.—The Secretary shall determine
whether a State is meeting the requirements of this section
based on certifications made by the State to the Secretary.
Such certifications shall be made at such times and in such
manner as the Secretary, in consultation with the Secretary
of Transportation, may prescribe by regulation.
(b) MINIMUM DOCUMENT REQUIREMENTS.—To meet the requirements of this section, a State shall include, at a minimum, the
following information and features on each driver’s license and
identification card issued to a person by the State:
(1) The person’s full legal name.
(2) The person’s date of birth.
(3) The person’s gender.
(4) The person’s driver’s license or identification card
number.
(5) A digital photograph of the person.
(6) The person’s address of principle residence.
(7) The person’s signature.
(8) Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for
fraudulent purposes.
(9) A common machine-readable technology, with defined
minimum data elements.
(c) MINIMUM ISSUANCE STANDARDS.—
(1) IN GENERAL.—To meet the requirements of this section,
a State shall require, at a minimum, presentation and
verification of the following information before issuing a driver’s
license or identification card to a person:

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PUBLIC LAW 109–13—MAY 11, 2005

119 STAT. 313

(A) A photo identity document, except that a nonphoto identity document is acceptable if it includes both
the person’s full legal name and date of birth.
(B) Documentation showing the person’s date of birth.
(C) Proof of the person’s social security account number
or verification that the person is not eligible for a social
security account number.
(D) Documentation showing the person’s name and
address of principal residence.
(2) SPECIAL REQUIREMENTS.—
(A) IN GENERAL.—To meet the requirements of this
section, a State shall comply with the minimum standards
of this paragraph.
(B) EVIDENCE OF LAWFUL STATUS.—A State shall
require, before issuing a driver’s license or identification
card to a person, valid documentary evidence that the
person—
(i) is a citizen or national of the United States;
(ii) is an alien lawfully admitted for permanent
or temporary residence in the United States;
(iii) has conditional permanent resident status in
the United States;
(iv) has an approved application for asylum in
the United States or has entered into the United States
in refugee status;
(v) has a valid, unexpired nonimmigrant visa or
nonimmigrant visa status for entry into the United
States;
(vi) has a pending application for asylum in the
United States;
(vii) has a pending or approved application for
temporary protected status in the United States;
(viii) has approved deferred action status; or
(ix) has a pending application for adjustment of
status to that of an alien lawfully admitted for permanent residence in the United States or conditional
permanent resident status in the United States.
(C) TEMPORARY DRIVERS’ LICENSES AND IDENTIFICATION
CARDS.—
(i) IN GENERAL.—If a person presents evidence
under any of clauses (v) through (ix) of subparagraph
(B), the State may only issue a temporary driver’s
license or temporary identification card to the person.
(ii) EXPIRATION DATE.—A temporary driver’s
license or temporary identification card issued pursuant to this subparagraph shall be valid only during
the period of time of the applicant’s authorized stay
in the United States or, if there is no definite end
to the period of authorized stay, a period of one year.
(iii) DISPLAY OF EXPIRATION DATE.—A temporary
driver’s license or temporary identification card issued
pursuant to this subparagraph shall clearly indicate
that it is temporary and shall state the date on which
it expires.
(iv) RENEWAL.—A temporary driver’s license or
temporary identification card issued pursuant to this
subparagraph may be renewed only upon presentation

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119 STAT. 314

Deadline.
Memorandum.

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PUBLIC LAW 109–13—MAY 11, 2005

of valid documentary evidence that the status by which
the applicant qualified for the temporary driver’s
license or temporary identification card has been
extended by the Secretary of Homeland Security.
(3) VERIFICATION OF DOCUMENTS.—To meet the requirements of this section, a State shall implement the following
procedures:
(A) Before issuing a driver’s license or identification
card to a person, the State shall verify, with the issuing
agency, the issuance, validity, and completeness of each
document required to be presented by the person under
paragraph (1) or (2).
(B) The State shall not accept any foreign document,
other than an official passport, to satisfy a requirement
of paragraph (1) or (2).
(C) Not later than September 11, 2005, the State shall
enter into a memorandum of understanding with the Secretary of Homeland Security to routinely utilize the automated system known as Systematic Alien Verification for
Entitlements, as provided for by section 404 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (110 Stat. 3009–664), to verify the legal presence
status of a person, other than a United States citizen,
applying for a driver’s license or identification card.
(d) OTHER REQUIREMENTS.—To meet the requirements of this
section, a State shall adopt the following practices in the issuance
of drivers’ licenses and identification cards:
(1) Employ technology to capture digital images of identity
source documents so that the images can be retained in electronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum
of 7 years or images of source documents presented for a
minimum of 10 years.
(3) Subject each person applying for a driver’s license or
identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify
a renewing applicant’s information.
(5) Confirm with the Social Security Administration a social
security account number presented by a person using the full
social security account number. In the event that a social
security account number is already registered to or associated
with another person to which any State has issued a driver’s
license or identification card, the State shall resolve the discrepancy and take appropriate action.
(6) Refuse to issue a driver’s license or identification card
to a person holding a driver’s license issued by another State
without confirmation that the person is terminating or has
terminated the driver’s license.
(7) Ensure the physical security of locations where drivers’
licenses and identification cards are produced and the security
of document materials and papers from which drivers’ licenses
and identification cards are produced.
(8) Subject all persons authorized to manufacture or
produce drivers’ licenses and identification cards to appropriate
security clearance requirements.

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PUBLIC LAW 109–13—MAY 11, 2005

119 STAT. 315

(9) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of
drivers’ licenses and identification cards.
(10) Limit the period of validity of all driver’s licenses
and identification cards that are not temporary to a period
that does not exceed 8 years.
(11) In any case in which the State issues a driver’s license
or identification card that does not satisfy the requirements
of this section, ensure that such license or identification card—
(A) clearly states on its face that it may not be accepted
by any Federal agency for federal identification or any
other official purpose; and
(B) uses a unique design or color indicator to alert
Federal agency and other law enforcement personnel that
it may not be accepted for any such purpose.
(12) Provide electronic access to all other States to information contained in the motor vehicle database of the State.
(13) Maintain a State motor vehicle database that contains,
at a minimum—
(A) all data fields printed on drivers’ licenses and
identification cards issued by the State; and
(B) motor vehicle drivers’ histories, including motor
vehicle violations, suspensions, and points on licenses.
SEC. 203. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN
FALSE IDENTIFICATION DOCUMENTS.

49 USC 30301
note.

(a) CRIMINAL PENALTY.—Section 1028(a)(8) of title 18, United
States Code, is amended by striking ‘‘false authentication features’’
and inserting ‘‘false or actual authentication features’’.
(b) USE OF FALSE DRIVER’S LICENSE AT AIRPORTS.—
(1) IN GENERAL.—The Secretary shall enter, into the appropriate aviation security screening database, appropriate
information regarding any person convicted of using a false
driver’s license at an airport (as such term is defined in section
40102 of title 49, United States Code).
(2) FALSE DEFINED.—In this subsection, the term ‘‘false’’
has the same meaning such term has under section 1028(d)
of title 18, United States Code.
SEC. 204. GRANTS TO STATES.

(a) IN GENERAL.—The Secretary may make grants to a State
to assist the State in conforming to the minimum standards set
forth in this title.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary for each of the fiscal years
2005 through 2009 such sums as may be necessary to carry out
this title.
SEC. 205. AUTHORITY.

(a) PARTICIPATION OF SECRETARY OF TRANSPORTATION AND
STATES.—All authority to issue regulations, set standards, and issue
grants under this title shall be carried out by the Secretary, in
consultation with the Secretary of Transportation and the States.
(b) EXTENSIONS OF DEADLINES.—The Secretary may grant to
a State an extension of time to meet the requirements of section
202(a)(1) if the State provides adequate justification for noncompliance.

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49 USC 30301
note.

49 USC 30301
note.

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119 STAT. 316

PUBLIC LAW 109–13—MAY 11, 2005

SEC. 206. REPEAL.
49 USC 30301
note.
49 USC 30301
note.

Section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458) is repealed.
SEC. 207. LIMITATION ON STATUTORY CONSTRUCTION.

Nothing in this title shall be construed to affect the authorities
or responsibilities of the Secretary of Transportation or the States
under chapter 303 of title 49, United States Code.

TITLE III—BORDER INFRASTRUCTURE
AND TECHNOLOGY INTEGRATION
8 USC 1778.

SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.

(a) STUDY.—The Under Secretary of Homeland Security for
Border and Transportation Security, in consultation with the Under
Secretary of Homeland Security for Science and Technology and
the Under Secretary of Homeland Security for Information Analysis
and Infrastructure Protection, shall study the technology, equipment, and personnel needed to address security vulnerabilities
within the United States for each field office of the Bureau of
Customs and Border Protection that has responsibility for any
portion of the United States borders with Canada and Mexico.
The Under Secretary shall conduct follow-up studies at least once
every 5 years.
(b) REPORT TO CONGRESS.—The Under Secretary shall submit
a report to Congress on the Under Secretary’s findings and conclusions from each study conducted under subsection (a) together
with legislative recommendations, as appropriate, for addressing
any security vulnerabilities found by the study.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Department of Homeland Security Directorate of Border and Transportation Security such sums as may
be necessary for fiscal years 2006 through 2011 to carry out any
such recommendations from the first study conducted under subsection (a).

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8 USC 1712 note.

SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR
BORDER SECURITY.

Deadline.

(a) PILOT PROGRAM.—Not later than 180 days after the date
of the enactment of this division, the Under Secretary of Homeland
Security for Science and Technology, in consultation with the Under
Secretary of Homeland Security for Border and Transportation
Security, the Under Secretary of Homeland Security for Information
Analysis and Infrastructure Protection, and the Secretary of
Defense, shall develop a pilot program to utilize, or increase the
utilization of, ground surveillance technologies to enhance the
border security of the United States. In developing the program,
the Under Secretary shall—
(1) consider various current and proposed ground surveillance technologies that could be utilized to enhance the border
security of the United States;
(2) assess the threats to the border security of the United
States that could be addressed by the utilization of such technologies; and
(3) assess the feasibility and advisability of utilizing such
technologies to address such threats, including an assessment

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