Letter to the Honorable Jeanne Shaheen, Senator of New Hampshire - Concerns Surrounding the REAL ID Program

Letter

Dear Senator Shaheen:

As you may be aware, the Department of Homeland Security has not extended New Hampshire's waiver under the federal REAL ID law, passed by Congress under then-President George W. Bush. As communicated by the federal government, this will have serious consequences to New Hampshire citizens, who may find themselves unable to enter certain federal facilities or to travel on airplanes beginning as early as 2016.

New Hampshire passed a law forbidding its participation in REAL ID, but unlike other states that have similar laws, this year New Hampshire was notified that the federal government would not continue our waiver. The Department of Homeland Security tells us we differ from those states in two key aspects: we allow drivers to delete their photos from the state's motor vehicle system and we allow drivers to delete their Social Security Numbers from the state system.

Although only a small percentage of drivers choose those options, the Department of Homeland Security has informed New Hampshire that because these options exist, and because New Hampshire's Division of Motor Vehicles is forbidden from identifying licenses based on compliance with REAL ID, it did not believe there was adequate justification to extend New Hampshire's REAL ID waiver. The Department of Homeland Security has also released a phased enforcement schedule that began with the most secure federal facilities and will, according to their schedule, culminate with rejecting New Hampshire driver's licenses for use in travel beginning sometime in 2016.

The New Hampshire Senate Transportation Committee recently rejected proposed legislation that would have allowed New Hampshire citizens to choose whether to have a federally accepted license. If the New Hampshire Legislature follows the Committee's lead, New Hampshire citizens won't be able to make an individual choice on obtaining a federally compliant license, so I am asking you to request that the Department of Homeland Security extend New Hampshire's waiver, and if the department is unable to continue that waiver under federal law, to file legislation to repeal the REAL ID requirements.

Under both current federal and state laws, New Hampshire citizens may find themselves blocked from travel without warning -- whether for a business trip, a vacation or a family emergency. Lack of access to federally accepted identification could also hurt our businesses whose employees must travel to meet clients in other states, and it may also make us less attractive to new businesses that are dependent on travel.

The lack of REAL ID-compliant identification could become a major burden for New Hampshire citizens and business, and I urge you to do whatever is in your power to mitigate these consequences. Thank you for your consideration.

With every good wish,

Margaret Wood Hassan
Governor

cc: Senator Kelly Ayotte
Congresswoman Ann McLane Kuster
Congressman Frank Guinta

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