REAL ID: How can I travel?

Beginning May 7, 2025, the Transportation Security Administration (TSA) will finally start enforcing the REAL ID Act, requiring REAL ID-compliant identification in order for a person to board a domestic flight (within the US). The main form of identification typically presented at airports for domestic flights is a person’s state-issued driver’s license. However, in order to obtain a REAL ID driver’s license, the person must demonstrate they are in lawful status.

But what about the people who are out of status and unable to obtain a REAL ID-compliant driver’s license? How will they be able to travel on a domestic flight? Is there some other form of identification that can be provided?

By way of background, in 2005, Congress passed the REAL ID Act in the aftermath of 9/11, requiring that the federal government “set standards for the issuance of sources of identification, such as driver’s licenses.” That Act established minimum security standards for state-issued driver’s licenses and who was eligible to obtain those driver’s licenses. Most importantly, one of the requirements was providing proof of “lawful status.”

A REAL ID-compliant driver’s license would typically have a star at the upper top portion of the card.

Although this law was enacted in 2005, its enforcement has been postponed, extended and delayed for almost 20 years. But starting May 7, 2025, a person will need to present a REAL ID-compliant driver’s license “or another acceptable form of identification,” in order to board commercial aircraft for domestic flights (within the US) or enter federal facilities.

I have received many inquiries from people who are out of status (and thus not eligible for a REAL ID-compliant driver’s license) asking how they can now travel on a commercial aircraft within the US. There is good news! The TSA has listed several alternative documents that can be presented to the TSA at the airport in lieu of a REAL ID-compliant driver’s license. One of the acceptable documents is an unexpired foreign government-issued passport. In other words, if a Filipino wants to fly within the US, they can present the picture page of their unexpired Philippine passport in lieu of a REAL ID driver’s license and be able to board the flight.

Here is a list of the acceptable documents from TSA’s website that includes a foreign government issued passport:

• Driver’s licenses or other state photo identity cards issued by the Department of Motor Vehicles (or equivalent)

• State-issued Enhanced Driver’s License

• US passport

• US passport card

• DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST)

• US Department of Defense ID, including IDs issued to dependents

• Permanent resident card

• Border crossing card

• An acceptable photo ID issued by a federally recognized Tribal Nation/Indian Tribe, including Enhanced Tribal Cards (ETCs).

• HSPD-12 PIV card

• Foreign government-issued passport

• Canadian provincial driver’s license or Indian and Northern Affairs Canada card

• Transportation worker identification credential

• US Citizenship and Immigration Services Employment Authorization Card (I-766)

• US Merchant Mariner Credential

• Veteran Health Identification Card (VHIC)

I want to caution people who are out of status so there is no confusion. I am discussing only a person’s ability to fly domestically, or within the US. If you are out of status, you cannot fly internationally or outside the US. Otherwise, you could be banned from returning to the US for between three and 10 years. Moreover, while some states were issuing driver “privilege” documents to the undocumented (such as the AB 60 driving privilege document in California), those documents are NOT REAL ID compliant.

While people out of status may still be able to fly domestically using their foreign government-issued passport, I see that as only a temporary fix or workaround. You need to try and solve the REAL problem, which is finding a way to finally legalize your status. You may want to consider consulting with an immigration attorney who can evaluate your circumstances and perhaps there is a pathway for you to legalize and you may not have even realized it.

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