Oftentimes, we get questions from our clients about REAL ID. Most clients want to know if they qualify for a REAL ID Driver’s License or Identification card, and if they do not, if they need to obtain one.
In this article, we will explain what a REAL ID is, who needs one, if immigrants may obtain a REAL ID, alternatives for identification when traveling or entering federal facilities, and the potential risks for immigrants who do not have a REAL ID.
What is the REAL ID?
In 2005, Congress passed the REAL ID Act, setting certain standards for states to issue driver’s licenses and identification cards (IDs) that would be acceptable to federal agencies.
Since May 7, 2025, individuals boarding domestic flights and entering federal facilities (like federal courthouses, military bases, power plants, etc.) need to present a REAL ID or other acceptable forms of identification.
Who is Eligible for the REAL ID?
In order to obtain a REAL ID, an applicant must present proof of identity, state residency, and current legal presence in the United States.
What Paperwork do I need to get a REAL ID in Minnesota?
When applying for a REAL ID Driver’s License or ID card in Minnesota, a person must provide:
- One document that proves the full name, date of birth, and legal presence of the person, such as a valid work permit.
- Two different documents that show current Minnesota residence.
- A valid Social Security Number.
Can Immigrants Obtain REAL ID licenses?
Yes, certain categories of immigrants are eligible for a REAL ID. Some of them may only obtain temporary REAL ID Licenses that are valid during the period of authorized stay in the United States, for example, while the TPS, DACA, or Employment Authorization Card is valid.
For those immigrants who do not meet the requirements for a REAL ID, because they do not have, for instance, a work permit, DACA, TPS status, or a valid stamp in their passports, they can still apply in Minnesota for a non-REAL ID Driver’s License or state ID.
Do I need to get a REAL ID card?
The REAL ID is not mandatory. You might need a REAL ID to board a domestic flight or enter a federal facility such as military bases, federal courts, nuclear power plants, etc., but if you do not have one, there are other alternatives.
What are the alternatives to the REAL ID?
There are other identification documents an individual can use when flying domestically or entering a federal building. The Transportation and Security Administration (TSA) accepts a variety of domestic and foreign documents that may be used as proof of identity at airport checkpoints, including:
- Foreign passport
- Employment Authorization Card (EAD)
- Permanent Resident Card
- Border Crossing Card
In the case of federal buildings, it is unclear what other documents are valid to enter those facilities, so it is advisable to check in advance whether the agency requires identification to enter their building and what type of identification they accept.
What are the potential risks for immigrants who do not have a REAL ID?
Travel by plane without a REAL ID might be risky in some situations. For instance, people who do not have a REAL ID and present a foreign passport or an employment authorization document at the airport checkpoint could be subject to additional scrutiny, including inquiries about their immigration status.
We recommend to our foreign-born clients that they not travel by plane if they have an expired foreign passport, or if they only have a consular ID card.
Should I hire an attorney?
You do not need to hire an attorney to apply for a REAL ID. However, if you have questions about your immigration status or if you are wondering if you are eligible for an employment authorization document (which would allow you to obtain a REAL ID), consulting with an attorney would be advisable. At Bienvenidos Law Firm, Inc., we have over 25 years of experience in immigration cases. Call us at 763-951-2235 or email blf@bienvenidoslaw.com to schedule an appointment to evaluate your case!
