The REAL ID Act: Real Consequences Involving Immigration Status & Eligibility Requirement Concerns for Immigrants

Authors

Rachael Marvin, Benjamin N. Cardozo School of Law

Abstract

The REAL ID Act of 2005 imposes federal documentation standards for state-issued drivers' licenses, requiring proof of lawful immigration status, which critics argue burdens immigrants and heightens government scrutiny. The Act raises constitutional concerns, including Fourth Amendment violations and interference with the fundamental right to travel, as established in Saenz v. Roe. While the Supreme Court in Arizona v. United States upheld federal preemption over state licensing authority, the Act's implementation has disproportionately affected immigrants, particularly under the Trump administration, which revived its enforcement. The article critiques the Act as an unconstitutional tool for immigration enforcement, undermining civil liberties and exacerbating challenges for immigrants in accessing essential services and civic life.

Disciplines

Immigration Law | Law

Recommended Citation

Rachael Marvin, The REAL ID Act: Real Consequences Involving Immigration Status & Eligibility Requirement Concerns for Immigrants, 26 Cardozo J. Equal Rts. & Soc. Just. 499 (2020).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol26/iss3/5