REAL ID Enforcement Raises Alarms for Undocumented New Yorkers Amid Legacy of Trump-Era Policies

By Esther Claudette Gittens

New York, NY — As the federal government fully enforces the REAL ID Act starting May 7, undocumented residents in New York City face new, and for many, alarming travel restrictions that could expose their immigration status in ways that echo policies from the Trump administration.

The REAL ID Act, passed in 2005 and now implemented nationwide, requires individuals 18 and older to present a REAL ID-compliant driver’s license or passport to board domestic flights or enter federal facilities. While citizens and green card holders can obtain this identification through the DMV, undocumented immigrants are excluded under federal rules, creating a divide that immigrant advocates warn could lead to unintended consequences.

Foreign Passports as a Red Flag

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With REAL ID-compliant documents unavailable to them, undocumented immigrants must rely on foreign passports for air travel. Immigration rights groups say this requirement could effectively act as a proxy for identifying someone’s undocumented status.

“Presenting a foreign passport at an airport now doubles as an admission that you are not lawfully present in the U.S.,” said Maria Hernandez, director of a Brooklyn-based immigrant legal aid organization. “That’s not just inconvenient—it’s dangerous.”

New York State’s Green Light Law allows undocumented individuals to obtain standard driver’s licenses. However, these licenses are explicitly marked “NOT FOR FEDERAL PURPOSES” and do not meet TSA standards under the REAL ID Act. New York City’s municipal ID program, IDNYC, also remains non-compliant, further limiting identification options for undocumented residents.

Lingering Legacy of Trump-Era Enforcement

Although the Biden administration has distanced itself from the aggressive immigration enforcement tactics of its predecessor, critics note that the surveillance and inter-agency data-sharing systems developed during the Trump years remain largely in place.

“Under Trump, we saw travel and documentation used as tools of enforcement—especially when data from agencies like the DMV could be accessed by ICE,” said Hassan Malik, a policy analyst with the New York Civil Liberties Union. “REAL ID could be weaponized in much the same way under a future administration.”

Travel Barriers and Isolation

Without a REAL ID or acceptable alternative, undocumented immigrants are effectively barred from domestic flights. For many, this means losing access to travel for emergencies, job opportunities, or family obligations.

“For our clients, this isn’t just about convenience,” said Hernandez. “It’s about whether they can visit a dying relative, get to a job interview across the country, or even flee danger in another part of the U.S.”

A Call for Safeguards

Advocacy groups are now urging federal and state governments to clarify how documentation data will be protected and to explore solutions that ensure safe and equitable travel access for all residents, regardless of status.

As REAL ID enforcement takes full effect, the concern is clear: without protective guardrails, a policy designed for security may deepen inequity—and revive the fears of a not-so-distant past.