FOR IMMEDIATE RELEASE
December 9, 2008

CONTACT: Meredith Curtis, ACLU of Maryland, 410-889-8555; media@aclu-md.org

BALTIMORE – Taking action against the unfunded federal mandate that runs into the hundreds of millions for Maryland during a time of spending cuts and furloughs without making Marylanders any safer from terrorists, the American Civil Liberties Union of Maryland today asked Governor Martin O’Malley not to fund implementation of the REAL ID Act in the fiscal 2009 budget and not to seek legislation implementing the Act. The ACLU’s letter, which highlights the misguided program’s costs, points out that the National Governors Association opposes the REAL ID Act, primarily because it forces on the states an unfunded federal mandate to issue essentially federal identity cards without any national security benefits.

“All across the country, the states are taking drastic measures to balance their budgets, and this crisis is strengthening their resolve not to throw away billions of dollars for a program that is unworkable, dangerously flawed and does nothing to improve our national security,” said Cynthia Boersma, Legislative Director for the ACLU of Maryland.

Current estimates put the cost to Marylanders for REAL ID at no less than $204 million; those estimates do not include significant costs for required verification and security systems, nor do they reflect ongoing operating costs. The U.S. Department of Homeland Security’s current cost estimate of $10 billion has been widely criticized by the states as a deliberate understatement of the costs the states and individuals will pay. Even this estimate foists over half the costs for REAL ID onto individuals and over a third of the costs onto the states. By rejecting REAL ID, Maryland could free up hundreds of millions in precious transportation dollars to address the State’s projected deficit or invest in much-needed transportation infrastructure.

The Maryland ACLU’s letter also points out that the nominee for Secretary of Department of Homeland Security, Janet Napolitano, is publicly opposed to the REAL ID Act, and as Governor of Arizona signed legislation rejecting it. President-elect Barack Obama is also opposed to it. We believe that fiscal prudence would be ill served by moving forward with implementation in this fiscal climate, especially in light of the Act’s uncertain status.

The ACLU is opposed to the REAL ID Act because it creates for the first time in our history a national identity card, exposes us to identity theft by endangering personal information, and does so without making Maryland drivers licenses more secure or Marylanders safer from terrorism. Unfortunately, the issue of immigration status and drivers license eligibility has sidetracked the debate about whether REAL ID is a good idea for Maryland. The ACLU’s letter urges Governor O’Malley to reject the spurious assertion that adopting this provision of the REAL ID Act will make Maryland driver’s licenses more secure. Driver’s licenses in Maryland already meet the security standards recommended by the 9-11 Commission, while, ironically, the REAL ID Act of 2005 repealed key security provisions the Commission recommended.