What New Yorkers Need to Know About Real ID

You may have heard about a big rush at Department of Motor Vehicles (DMV) offices earlier this year as people scrambled to get new, Real ID-compliant licenses. While the Real ID law is not new, some of its requirements have recently gone into effect.

Here is what you need to know about the Real ID law and the kinds of licenses and ID cards available to New Yorkers.

What is the REAL ID Act?

In the wake of the attacks on September 11th, 2001, there was a push to create uniform, nationwide standards for drivers licenses and ID cards. As a result, lawmakers passed the Real ID Act in 2005.

The Real ID Act is a federal law that requires compliant states to meet a number of requirements for licenses and ID cards to be considered usable for federal purposes. Although the law did not require states to comply with Real ID, it declared that – at some point – people would need to show a Real ID to board a domestic flight or enter a federal building

At the time of its passage, the NYCLU opposed the Real ID Act, primarily due to privacy concerns, which included the consolidation of Americans’ personal information into a network of interlinking databases across all fifty states, and the requirement that DMVs retain copies of applications and identity documents. Advocates also worried about how the requirement to prove legal status might affect immigrants, and how more stringent documentation requirements would impact low-income people and others who may have trouble accessing records.

Because implementation of the law was postponed many times, it is still difficult to assess what the law’s impact will be. Twenty years after its passage, every state (plus D.C. and U.S. territories) now issues licenses and ID cards that comply with the Real ID law, and just this May, the Transportation Security Administration (TSA) began requiring travelers to show Real ID to board an airplane for travel within the U.S. or enter a federal building.

Passports – which are issued by the federal government – are also acceptable forms of identification for these purposes. A TSA press release from late April states that passengers without compliant ID such as Real ID or a passport “can expect to face delays, additional screening, and the possibility of not being permitted into the security checkpoint.” Some passengers have reported having been allowed to board their flights without Real ID or a passport after passing through additional screening, suggesting that TSA agents have some discretion in applying the new regulation. On December 1, the TSA announced that passengers without a Real ID or other compliant ID will be made to pay a $45 fee to verify their identity through the TSA’s “Confirm.ID” system beginning February 1, 2026. Verification, which will be valid for ten days, is not guaranteed, and the fee is non-refundable.

Types of Licenses and IDs available in New York

In New York, residents have several options when it comes to state-issued identification. All licenses and IDs require a fee, which varies.

A standard drivers license is available to all New Yorkers. Following passage of the Green Light law in 2019, standard licenses are available regardless of immigration status. To get a standard license or permit, you need to be 16 or older and pass the required tests. 16- and 17-year-olds also need a parent’s consent.

You will also have to show documentation of your name, date of birth, and New York state residency. There are many types of documents, including foreign and tribal ones, that you can use to prove your identity.

If you have never been issued a social security number, you must sign an affidavit attesting to this. If you know your social security number but do not have the physical card, you can still get a standard drivers license, but not a Real or Enhanced ID.

A standard drivers license will be marked, “NOT FOR FEDERAL PURPOSES,” but will otherwise look the same as a Real or Enhanced ID. A standard license is for non-commercial driving only, and cannot be used to board a domestic flight or enter a federal building. There are no standard non-driver ID cards, only standard drivers licenses.

A Real ID license or ID card requires you to show proof of citizenship or legal status, in addition to your name, date of birth and residence in New York State. If you have a social security number, you will need to show your social security card. If you have legal status but are not eligible for a social security number, you will need a letter from the Social Security Administration (SSA) attesting to this, as well as the documentation you showed to get the letter.

Non-drivers Real ID cards are available to New Yorkers of all ages. Children under 16 will need a parent’s consent.

You can use a Real ID to board a domestic flight or enter a federal building. A Real ID displays a star at the top.

An Enhanced ID is available to U.S. citizens who can show proof of citizenship, in addition to a social security card and proof of residence. There is an additional $30 fee for an Enhanced ID. An Enhanced ID grants all the privileges of a Real ID, and, in addition, can be used in lieu of a passport at U.S. land and sea border crossings, such as driving across the border to or from Canada.

An Enhanced ID displays an American flag at the top.

Deciding what type of ID is right for you

If you do not have proof of citizenship or immigration status and need a driver’s license, you can apply for a standard license. You will not be eligible for a REAL ID or Enhanced ID, and should not apply for one.

You can renew your license early (more than 12 months before it expires) if you want to convert your standard license to a Real ID or Enhanced ID. The fee for this early renewal may be higher. You also need to visit the DMV in person when converting your license.

If you have concerns about data privacy and hacking, a standard license may also be the best option. While the DMV is required to scan Real ID documents and hold them for ten years, the New York DMV does not do this for standard licenses.

A standard license can also be a way to show solidarity with immigrant communities, if you have other documents (like a passport) you can use for domestic air travel. When citizens hold standard licenses, it prevents people from making assumptions about immigration status based on license type.

A Real ID or Enhanced ID could be the right choice if you’re concerned about the gender marker on your passport. Soon after he took office, Trump signed an executive order regarding government recognition of “two sexes” that are “not changeable,” causing confusion and chaos for trans and intersex people applying for passports. When the State Department began barring people from obtaining passports with a sex designation on them that is not the same as their sex assigned at birth, the ACLU filed a lawsuit on behalf of transgender, nonbinary and intersex people. Currently, the State Department is allowed to enforce the discriminatory policy – but the situation could change again. (For the current state of affairs, and advice for those seeking gender-aligned passports, see this resource.)

With this doubt about the continued ability to acquire a passport with the correct gender marker, it may be helpful to have a Real or Enhanced ID with the correct gender marker that you can use to board domestic flights – and, with Enhanced ID, use at land and sea border crossings. New York law governs gender marker designations on New York identity documents and protects people’s right to select the gender marker – F, M or X – that appears on their drivers license, state ID and birth certificate. This includes standard drivers licenses, Real IDs and Enhanced IDs.

What about digital IDs?

Given previous privacy concerns about Real ID, it’s no surprise that the NYCLU and other groups are worried about data privacy when it comes to digital IDs.

New York has a voluntary mobile ID (MiD) program that involves downloading an app on your phone and then taking a picture of your ID and a selfie. Once your ID is verified, you can use your digital ID at the places where it is accepted, which include some businesses, airports and law enforcement agencies. However, you must also continue to carry your physical ID card.

Though the New York Mobile ID program was announced with a handful of privacy protections, they’re insufficient.

It’s possible to collect data every time a digital ID is used, potentially creating a massive repository of information by tracking your travel itinerary, alcohol and other purchases, medical visits, and more. Without clear limitations and enforceable safeguards, the state could share this information or even sell it to corporations. Lack of privacy protections might especially impact immigrant New Yorkers, who signed up to drive legally – not to have their every move surveilled. Digital IDs could also give police officers cover to pressure people into handing over their phones. And while New York’s MiD program is currently voluntary, similar programs elsewhere have become mandatory, opening up the possibility of discrimination against people who don’t have the technology necessary to support a digital ID.

The NYCLU believes that a program with such far-reaching ramifications for New Yorkers requires investigation, public input, complete transparency, and robust technical and legal safeguards. In its current form, MiD does not meet this standard.