After the 2009 Legislature, the ACLU of Nevada thought that REAL ID was dead - at least until the next legislative session. We were therefore surprised when Governor Gibbons decided in December of 2009 to unilaterally enact "emergency" regulations that would allow the Department of Motor Vehicles (DMV) of Nevada to begin issuing REAL ID-compliant identification cards. The ACLU of Nevada strongly urged the Governor against unilaterally implementing REAL ID, especially when the last clear message from the legislature was in 2007 and urged Congress to repeal REAL ID, but the matter continues to move forward. 

Now, the DMV is in the process of holding hearings in order to ask the Legislative Commission to make these regulations permanent. The ACLU of Nevada, along with many other advocates, testified against various portions of REAL ID at the "public workshop," held Tuesday, March 23, 2010.

Those who testified at the workshop complained about long lines, inflexibility of required documents and format of photographs, front-line staff at the DMV not knowing what documents they could and could not accept, infringement on privacy and due process rights, and cost. The objection most often heard was that Governor Gibbons should not have taken away the right of Nevadans to choose whether or not they wanted a REAL ID compliant card, as is allowed by the "Final Rule" issued by the Department of Homeland Security.

The DMV will hold a public hearing on these regulations on April 1st. The DMV has said that they would take the comments heard at the public workshop and hearing into consideration before approaching the Legislative Commission and asking them to adopt permanent regulations for REAL ID.

Although no date or agenda has been set for the Legislative Commission's next meeting, one will be held relatively soon. Because the Legislative Commission's Subcommittee to Review Regulations has to recommend the regulations put forward by the DMV, and because the full Legislative Commission has to actually vote on their proposed adoption, it is important that individual legislators understand the objections that all Nevadans have to REAL ID.

Remarks should be sent to the following legislators:

Legislative Commission;;;;;;;;;;;


Subcommittee to Review Regulations;;;;;

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