State
DHS/Baldacci Deal Threatens Mainers’ Privacy
By Maine Civil Liberties Union
Apr 3, 2008 - 10:55:36 AM

Yesterday, the US Department of Homeland Security issued a waiver of its REAL ID implementation deadline to Maine, despite the fact that REAL ID implementation is still against the law in Maine. The waiver was granted in response to promises by Governor John Baldacci to propose legislation tightening the standards for Maine driver licenses and adopting new surveillance practices for applicants. DHS has now granted waivers to all fifty states despite the fact no state will be REAL ID compliant by May 11 and seven states have passed legislation prohibiting the implementation of REAL ID.

"The Governor is proposing to trade constitutional rights for convenience," said Shenna Bellows, Executive Director of the Maine Civil Liberties Union. "The people of Maine are counting on the Legislature to stand up for Mainers' privacy, security, and pocketbooks."

Sure to be among the most controversial measures proposed is a new requirement that driver license applicants who are not U.S. citizens prove that they are in the country legally to the satisfaction of DHS. Five other states do not have legal status requirements yet all received the Real ID waiver.

"Immigration status is not easy to understand," said Zachary Heiden, MCLU Legal Director. "There are literally dozens of different ways someone can be in this country legally, and BMV workers can't be expected to understand them all. The BMV has a hard enough job assuring that applicants know how to drive."

Last year Maine was the first state in the country to reject the REAL ID. Sixteen other states followed suit, including six other states which passed laws prohibiting compliance.

"DHS's willingness to grant Maine a waiver based on a promise demonstrates the farce that REAL ID has become," said Shenna Bellows, MCLU Executive Director. "Mainers who are concerned about data breaches and data security should continue the fight against REAL ID."