TSA Proposes Moving REAL ID Compliance for Domestic Fliers to 2027

The Transportation Security Administration (TSA) has proposed delaying enforcement of the REAL ID requirement for passengers of domestic airlines to give travelers two more years to update to REAL ID-compliant identifications. The proposal is open for comments until Oct. 15, 2024.

The REAL ID Act was passed by Congress based on the 9/11 Commission’s recommendations. Full enforcement for domestic air travelers was scheduled to go into effect in May 2025. That date likely will be pushed to 2027.

Under REAL ID security regulations, all passengers 18 years and over on domestic airlines would need a REAL ID-compliant identification to board. Although various documents are REAL ID-compliant, the key document became state-issued REAL ID-compliant driver’s licenses. Approximately 53 percent of the U.S. population had REAL ID-compliant identifications in 2023 when the deadline was pushed to May 2025. As of now, only 56 percent of the population have REAL ID-compliant driver’s licenses. The 2027 deadline likely will be pushed another two years (requiring another rulemaking process), but TSA may take a phased approach.

It appears that many people keep postponing getting REAL ID-compliant licenses because their experience tells them that TSA will keep extending the deadline. To avoid mayhem at airports that could result from full enforcement, TSA likely will propose gradual enforcement starting in May 2025. In the first phase, individuals with non-compliant IDs would be given warnings. Full enforcement would go into effect in 2027.

Other documents that pass the REAL ID test include U.S. passports, DHS trusted traveler cards, U.S. permanent residence cards, federally recognized tribal-issued photo IDs, USCIS Employment Authorization Cards, and certain Canadian documents.

Jackson Lewis attorneys will follow these developments and provide updates as they become available.