H.R.418 REAL ID Act of 2005

H.R.418 Title: To establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, and to ensure expeditious construction of the San Diego border fence. Sponsor: Rep Sensenbrenner, F. James, Jr. [WI-5] (introduced 1/26/2005) Cosponsors (140) Related Bills: H.RES.71, H.RES.75 Latest Major Action: 2/10/2005 Passed/agreed to in House. Status: On passage Passed by the Yeas and Nays: 261 - 161 (Roll no. 31).

Bill Summary & Status for the 109th Congress

REAL ID Act of 2005 - Amends the Immigration and Nationality Act to require asylum applicants accused of being members or supporters of guerrilla, militant, or terrorist organizations to prove that race, religion, nationality, membership in a particular social group, or political opinion was or will be (if removed) the central reason for their persecution.

Allows credible, persuasive, and fact-specific testimony of the applicant to sustain this burden of proof without corroboration unless corroborative evidence is requested by the trier of fact.

Lists factors relevant to credibility determinations in asylum cases.

Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to authorize the Secretary of Homeland Security to waive laws as necessary to ensure expeditious construction of certain barriers and roads at the U.S. border.

Expands grounds of inadmissibility and deportability due to terrorist or terrorist-related activity.

Modifies the provision defining "engage in terrorist activity" to eliminate the possibility of discretionary waivers of inadmissibility for material support of organizations or individuals that have engaged in terrorist activity.

Expands the definition of "terrorist organization."

Prohibits Federal agencies from accepting State issued driver's licenses or identification cards unless such documents are determined by the Secretary to meet minimum security requirements. Sets forth issuance standards for such documents that require, among other things: (1) evidence that the applicant is lawfully present in the United States; and (2) issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite). Authorizes the Secretary to impose additional requirements.

Requires States, as a condition of receiving financial assistance, to participate in the interstate compact regarding the sharing of driver's license data.

Authorizes the Secretary to make grants to States to assist them in conforming to the document standards of this Act.

Repeals overlapping provisions of the Intelligence Reform and Terrorism Prevention Act of 2004.