Categories MarylandState Regulations and Laws

REAL ID And Domestic Travel for Green Card Holders and Undocumented Immigrants in Maryland

1. What is REAL ID and how does it affect domestic travel for green card holders in Maryland?

REAL ID is a federal law that establishes minimum security standards for state-issued driver’s licenses and identification cards to be accepted for certain federal purposes, such as boarding a domestic flight or entering a federal building.

In Maryland, green card holders are eligible to obtain a REAL ID-compliant driver’s license or identification card. To do so, they are required to provide proof of identity, lawful status in the United States, social security number, and Maryland residency. Once they have a REAL ID, green card holders can use it as a valid form of identification for domestic air travel.

1. Without a REAL ID-compliant driver’s license or identification card, green card holders may need to present an alternative form of identification, such as a valid passport, when flying domestically.
2. It’s important for green card holders in Maryland to ensure that their identification documents are up-to-date and compliant with the REAL ID requirements to avoid any issues when traveling domestically.

2. Can undocumented immigrants in Maryland obtain a REAL ID?

1. Undocumented immigrants in Maryland are not eligible to obtain a REAL ID. The REAL ID Act, passed by Congress in 2005, requires individuals to provide specific documents to prove their identity, lawful status in the U.S., Social Security number, and residency in order to obtain a REAL ID-compliant driver’s license or identification card. Since undocumented immigrants do not have lawful status in the U.S., they are unable to meet these requirements.

2. It is important for undocumented immigrants in Maryland to be aware of the limitations they face in terms of obtaining a REAL ID. While they may still be able to use non-compliant forms of identification for certain purposes, such as driving or accessing certain services, they will not be able to use a REAL ID for federal purposes such as boarding domestic flights or entering federal buildings. It is crucial for undocumented immigrants to understand the implications of not having a REAL ID and to explore alternative forms of identification that may be accepted in various situations.

3. What identifying documents are needed to apply for a REAL ID in Maryland?

To apply for a REAL ID in Maryland, individuals must provide certain identifying documents to prove their identity and residency status. These documents typically include:

1. Proof of Identity: This can include a valid U.S. passport, an original or certified copy of a birth certificate, a consular report of birth abroad, or a permanent resident card (green card).

2. Proof of Social Security Number: An original social security card or a document showing the individual’s social security number like a W-2 form or paystub is typically required.

3. Proof of Maryland Residency: This can include a utility bill, rental agreement, bank statement, or any official mail with the applicant’s name and Maryland address.

Additionally, applicants may need to provide their current driver’s license or ID card, more than one document may be needed to fulfill each requirement, and additional documentation requirements may apply depending on individual circumstances. It’s always recommended to check the specific requirements on the Maryland MVA website or contact them directly for the most up-to-date information.

4. Are there any exceptions for green card holders or undocumented immigrants in Maryland regarding the REAL ID requirement for domestic travel?

As of October 1, 2020, green card holders and undocumented immigrants in Maryland are required to have a REAL ID-compliant driver’s license or identification card to board domestic flights or enter certain federal facilities. However, there are a few exceptions to this requirement:

1. Green card holders who possess a valid Permanent Resident Card (Form I-551) may use this document instead of a REAL ID for domestic air travel until May 3, 2023.
2. Undocumented immigrants may be eligible for a driver’s license or identification card in Maryland under certain circumstances, such as through the Maryland Driver’s License and ID Card program that is available to individuals who are unable to provide proof of lawful status in the United States.

It is important for green card holders and undocumented immigrants living in Maryland to stay informed about any updates or changes to the REAL ID requirements and any exceptions that may apply to their specific situation.

5. Can a green card holder use their Permanent Resident Card as a form of identification for domestic travel in Maryland?

Yes, a green card holder can typically use their Permanent Resident Card (Green Card) as a valid form of identification for domestic travel within the United States, including in Maryland. While the REAL ID Act requires certain specific forms of identification for air travel within the U.S., a Green Card is one of the acceptable forms of identification that can be used at airports for domestic flights. It’s important for Green Card holders to ensure that their card is not expired and to check the specific requirements of the Transportation Security Administration (TSA) and airlines before traveling. Additionally, it’s advisable for Green Card holders to carry their passport as an additional form of identification, especially if traveling internationally or to certain states that may have stricter ID requirements.

6. How does the REAL ID Act impact undocumented immigrants traveling within the United States from Maryland?

The REAL ID Act imposes certain requirements for identification purposes, particularly for air travel within the United States. It sets standards for state-issued driver’s licenses and identification cards to be accepted by federal agencies, including the Transportation Security Administration (TSA) at airports. Regarding undocumented immigrants in the state of Maryland, the impact of the REAL ID Act for domestic travel is significant:

1. Undocumented immigrants in Maryland are unable to obtain REAL ID-compliant driver’s licenses or identification cards since these require proof of lawful presence in the U.S., which undocumented individuals do not have. As a result, they would not be able to use these forms of identification for domestic air travel within the U.S.

2. Without a REAL ID-compliant license or identification card, undocumented immigrants in Maryland would need to rely on alternative forms of acceptable identification for TSA screening at airports. This could include a valid passport from their home country, a U.S. visa, or a trusted traveler card like Global Entry, if they have obtained one.

3. Failure to present an acceptable form of identification, such as a REAL ID-compliant card or an alternative document, may result in increased scrutiny and potential delays at airport security checkpoints for undocumented immigrants traveling domestically.

In summary, the REAL ID Act creates challenges for undocumented immigrants in Maryland who wish to travel domestically by air, as they are unable to obtain the required identification due to their immigration status.

7. Are there any alternative forms of identification that undocumented immigrants in Maryland can use for domestic travel?

1. Undocumented immigrants in Maryland do not have access to REAL ID-compliant identification since they are not eligible for a state-issued driver’s license or identification card. However, there are some alternative forms of identification that they can use for domestic travel within the United States:

2. Matricula Consular: Many undocumented immigrants possess a Matricula Consular, which is an identification card issued by the consulate of their home country. While not officially recognized by the federal government for domestic air travel, some state and local authorities may accept it as a form of identification.

3. Foreign Passport: Undocumented immigrants can use their foreign passport as a form of identification for domestic flights. It may be accepted by some airlines and transportation security agencies, but it is always recommended to check with the specific airline or TSA guidelines beforehand.

4. Employment Authorization Document (EAD): If an undocumented immigrant has an EAD card, commonly known as a work permit, it can serve as a form of identification for domestic travel within the U.S. This document is issued by U.S. Citizenship and Immigration Services (USCIS) and demonstrates the individual’s legal authorization to work in the country.

5. Consulate-issued documents: Some consulates may issue additional documents that can be used for identification purposes. While these documents may not be widely accepted, they could potentially serve as a form of identification for certain domestic travel situations.

Overall, it is crucial for undocumented immigrants to carefully research and prepare ahead of time for domestic travel, as the acceptance of alternative forms of identification can vary depending on the specific circumstances and policies of airlines, transportation agencies, and security checkpoints.

8. Can a Maryland driver’s license be used for domestic travel if it is not REAL ID compliant?

No, a Maryland driver’s license that is not REAL ID compliant cannot be used for domestic travel starting from May 3, 2023. Travelers will need a REAL ID-compliant driver’s license or another acceptable form of identification, such as a U.S. passport or a DHS trusted traveler card, to board domestic flights and enter certain federal facilities. If your Maryland driver’s license is not REAL ID compliant, you will need to obtain a REAL ID-compliant form of identification before this deadline to ensure smooth travel within the United States. It is essential to check with your state’s Department of Motor Vehicles (DMV) for specific requirements and to start the process of obtaining a REAL ID if needed.

9. What are the consequences for green card holders or undocumented immigrants in Maryland if they do not have a REAL ID for domestic travel?

1. In Maryland, all travelers, including green card holders and undocumented immigrants, are required to have a REAL ID-compliant form of identification for domestic flights starting October 1, 2020. Without a REAL ID, individuals may face significant consequences when attempting to travel domestically within the United States:

2. Inability to board domestic flights: One of the most immediate consequences of not having a REAL ID for green card holders or undocumented immigrants in Maryland is the inability to board domestic flights. Transportation Security Administration (TSA) checkpoints at airports will not accept non-REAL ID compliant forms of identification for domestic air travel after the enforcement date.

3. Disruption to travel plans: Travelers without a REAL ID may encounter disruptions to their travel plans, including missed flights and additional expenses incurred to obtain alternative forms of acceptable identification last minute.

4. Potential legal implications: While the enforcement of REAL ID is primarily related to air travel, individuals without compliant identification may also face issues if stopped by law enforcement while traveling by other means, such as bus or train, as their lack of valid identification could lead to further complications.

5. Therefore, for green card holders and undocumented immigrants in Maryland, it is crucial to ensure compliance with the REAL ID requirements to avoid any negative repercussions that may arise from not having the necessary identification for domestic travel.

10. Are there any resources or assistance available to help green card holders and undocumented immigrants in Maryland obtain a REAL ID for domestic travel?

Yes, there are resources and assistance available to help green card holders and undocumented immigrants in Maryland obtain a REAL ID for domestic travel. Here are some ways they can receive help:

1. Local DMV Offices: Green card holders and undocumented immigrants can visit their local Department of Motor Vehicles (DMV) office to receive guidance on the REAL ID application process and required documents.

2. Community Organizations: There are community organizations and non-profit agencies that offer assistance to immigrants navigating the REAL ID application process. These organizations may provide language assistance, document translation, and advocacy support.

3. Legal Aid Clinics: Some legal aid clinics in Maryland specialize in immigration law and may offer services to help green card holders and undocumented immigrants understand their rights and obligations related to REAL ID requirements.

4. Online Resources: The Maryland Department of Transportation website provides detailed information on REAL ID requirements and how to apply. Green card holders and undocumented immigrants can use these resources to educate themselves on the process.

Overall, seeking assistance from local DMV offices, community organizations, legal aid clinics, and utilizing online resources can help green card holders and undocumented immigrants in Maryland successfully obtain a REAL ID for domestic travel.

11. How long does it take to obtain a REAL ID in Maryland for green card holders and undocumented immigrants?

1. In Maryland, the process of obtaining a REAL ID for green card holders and undocumented immigrants can vary in the time it takes to complete. Generally, the application process for a REAL ID involves providing proof of identity, lawful status in the United States, Social Security Number, and two proofs of Maryland residency.

2. Green card holders will need to present their green card as proof of lawful status, while undocumented immigrants may need to provide alternative documentation such as a foreign passport and visa.

3. Once all required documents are submitted, it typically takes around 7-10 business days for the REAL ID to be processed and mailed to the applicant. However, processing times can vary based on the volume of applications and any additional verification that may be required.

4. It is recommended that applicants check the Maryland Department of Transportation’s website for the most up-to-date information on REAL ID application processing times and requirements for green card holders and undocumented immigrants.

12. Can a foreign passport be used for domestic travel within the United States for green card holders and undocumented immigrants in Maryland?

1. Yes, both green card holders and undocumented immigrants in Maryland can use their foreign passport as a form of identification for domestic travel within the United States. However, it is important to note that starting on May 3, 2023, the REAL ID Act will require all travelers to present a compliant form of identification, such as a REAL ID-compliant driver’s license or state-issued ID, a U.S. passport, or a Green Card, when boarding domestic flights or entering federal facilities.

2. If a green card holder or undocumented immigrant does not have a REAL ID-compliant form of identification, they can use their foreign passport as an alternative for domestic travel until the deadline in 2023. It is advisable for individuals to start the process of obtaining a REAL ID-compliant form of identification as soon as possible to ensure smooth and hassle-free travel in the future.

13. Are there any additional steps or requirements for green card holders and undocumented immigrants in Maryland when applying for a REAL ID for domestic travel?

When applying for a REAL ID for domestic travel in Maryland, both green card holders and undocumented immigrants may face additional steps or requirements compared to U.S. citizens. Here are some key points to consider:

1. Green Card Holders (Legal Permanent Residents): Green card holders are eligible to apply for a REAL ID in Maryland. However, they will need to provide proof of their lawful status in the U.S., such as their valid permanent resident card (Green Card), as well as other documentation required for REAL ID compliance, such as proof of identity, Social Security number, and Maryland residency.

2. Undocumented Immigrants: Undocumented immigrants may face challenges when applying for a REAL ID in Maryland, as they do not have legal status in the U.S. Therefore, they are not eligible for a REAL ID, which requires proof of lawful presence. Undocumented immigrants may still be able to obtain a standard state-issued driver’s license or identification card in Maryland, but these documents are not Real ID compliant and may not be accepted for domestic air travel starting from October 2021.

It is essential for green card holders and undocumented immigrants in Maryland to carefully review the specific requirements and options available to them when applying for identification documents for domestic travel. Consulting with an immigration attorney or knowledgeable agency can provide clarity on the best course of action based on individual circumstances.

14. Can a Maryland state ID card be used for domestic travel if it is not REAL ID compliant?

No, a Maryland state ID card that is not REAL ID compliant cannot be used for domestic air travel. As of October 1, 2020, the REAL ID Act requires all travelers to present a REAL ID-compliant form of identification in order to board domestic flights within the United States or enter secure federal facilities. A Maryland state ID card that is not REAL ID compliant will not have the required security features and markings necessary for air travel. It is important for Green Card holders and undocumented immigrants to ensure they have a REAL ID-compliant form of identification, such as a REAL ID-compliant state ID card or a valid passport, to avoid any issues with domestic travel in the future.

15. What should green card holders and undocumented immigrants in Maryland do if they encounter issues with obtaining a REAL ID for domestic travel?

Green card holders and undocumented immigrants in Maryland who encounter issues with obtaining a REAL ID for domestic travel should take the following steps:

1. Contact the Maryland Department of Transportation (MDOT): Individuals experiencing difficulties in obtaining a REAL ID can reach out to MDOT for guidance and assistance. MDOT offices can provide information on necessary documentation and application processes.

2. Seek Legal Advice: Green card holders and undocumented immigrants may benefit from consulting with an immigration attorney who is well-versed in REAL ID requirements and regulations. An attorney can offer tailored advice and support in navigating the application process and addressing any legal challenges.

3. Visit a REAL ID Documentation Center: In some cases, visiting a REAL ID documentation center in person can help resolve issues more efficiently. These centers can provide clarification on specific requirements and assist individuals in completing their applications accurately.

4. Clear Up any Documentation Discrepancies: If there are discrepancies in the documentation provided, individuals should work towards resolving them promptly. This may involve obtaining updated or additional paperwork to meet the REAL ID criteria.

5. Appeal Process: If an initial application for a REAL ID is denied, green card holders and undocumented immigrants can explore the appeals process. Understanding the reasons for rejection and following the necessary steps for appeal can improve the chances of obtaining a REAL ID successfully.

By taking these proactive measures and seeking appropriate support, individuals in Maryland can address issues related to obtaining a REAL ID for domestic travel effectively and ensure compliance with the required regulations.

16. Are there any special considerations for minors who are green card holders or undocumented immigrants traveling within the United States from Maryland?

Minors who are green card holders or undocumented immigrants traveling within the United States from Maryland should be aware of certain special considerations to ensure a smooth travel experience:

1. Valid Identification: Green card holders should always carry their green card (Form I-551) as a primary form of identification when traveling domestically. Minors who are undocumented immigrants may not have official identification, so it’s important for them to carry any other forms of identification they may have, such as a passport from their home country or a school ID.

2. Authorization from Parents/Guardians: Minors traveling without their parents should have a notarized letter of consent from their guardians authorizing the trip. This is especially important for undocumented minors to avoid any potential issues with authorities during travel.

3. Know Your Rights: Both green card holders and undocumented immigrants have rights when it comes to domestic travel. It’s important for minors and their parents/guardians to be aware of these rights and know what to do in case of any issues or encounters with law enforcement.

Overall, minors who are green card holders or undocumented immigrants traveling within the United States from Maryland should take necessary precautions to ensure a smooth and hassle-free travel experience.

17. Can a green card holder or undocumented immigrant in Maryland use their employment authorization document (EAD) for domestic travel?

Yes, a green card holder or undocumented immigrant in Maryland can use their Employment Authorization Document (EAD) for domestic travel within the United States. The EAD serves as proof of their legal right to work in the country, and therefore can be used as a form of identification when traveling domestically. It is important to note that while the EAD can be used as identification for domestic travel, it is not considered a valid form of identification for international travel. Therefore, individuals should ensure they have the appropriate travel documents when flying internationally. Additionally, it is always a good idea to check with the transportation provider or relevant agency for any specific requirements or guidelines related to using the EAD for domestic travel.

18. How does the REAL ID Act impact domestic travel for green card holders and undocumented immigrants in Maryland compared to U.S. citizens?

The REAL ID Act impacts domestic travel for green card holders and undocumented immigrants in Maryland differently compared to U.S. citizens. Here are some key points to consider:

1. Identification Requirements: Under the REAL ID Act, U.S. citizens, green card holders, and undocumented immigrants must all adhere to the same identification requirements when traveling domestically within the United States. This means that all individuals must possess a REAL ID-compliant form of identification, such as a state-issued driver’s license or identification card, in order to board a commercial aircraft or enter certain federal facilities.

2. Differences in Eligibility: U.S. citizens are eligible to obtain a REAL ID-compliant driver’s license or identification card without any restrictions. However, green card holders and undocumented immigrants may face challenges in obtaining these forms of identification due to their immigration status. Green card holders may need to provide additional documentation to prove their legal residency, while undocumented immigrants may not have access to state-issued identification cards at all.

3. Impact on Travel: The REAL ID Act can pose significant barriers to domestic travel for green card holders and undocumented immigrants in Maryland. Without a REAL ID-compliant form of identification, these individuals may be unable to board domestic flights or enter certain federal facilities, limiting their ability to travel within the United States.

Overall, the REAL ID Act can disproportionately impact green card holders and undocumented immigrants in Maryland compared to U.S. citizens, as they may face greater challenges in obtaining the necessary identification to travel domestically.

19. What steps should green card holders and undocumented immigrants in Maryland take to ensure they have proper identification for domestic travel?

Green card holders and undocumented immigrants in Maryland should take the following steps to ensure they have proper identification for domestic travel:

1. Obtain a REAL ID-compliant driver’s license or identification card: Both green card holders and undocumented immigrants can apply for a REAL ID-compliant driver’s license or state ID card from the Maryland Motor Vehicle Administration (MVA). This will serve as valid identification for domestic air travel and access to federal facilities.

2. Carry their green card or other immigration documents: Green card holders should always carry their Permanent Resident Card (green card) as a form of identification when traveling domestically. Undocumented immigrants should also carry any relevant immigration documents, such as a work permit or DACA approval notice.

3. Utilize a valid passport: Both green card holders and undocumented immigrants can use a valid passport as an alternative form of identification for domestic travel. While a passport is not required for domestic flights, it is a widely accepted form of identification.

4. Keep copies of important documents: It is advisable for both green card holders and undocumented immigrants to keep copies of their identification documents, such as their green card, passport, and state-issued ID, in a secure location. This can be helpful in case the original documents are lost or stolen while traveling.

By following these steps, green card holders and undocumented immigrants in Maryland can ensure they have the proper identification needed for domestic travel.

20. Are there any updates or changes to the REAL ID requirements that green card holders and undocumented immigrants in Maryland should be aware of?

As of September 2021, the REAL ID Act’s enforcement deadline has been extended to May 3, 2023, for air travel. This means that green card holders and undocumented immigrants in Maryland will need a REAL ID-compliant form of identification to board domestic flights or enter federal facilities starting from that date. To obtain a REAL ID, individuals must provide specific documentation proving their identity, legal presence in the United States, Social Security Number, and Maryland residency.

1. Green card holders in Maryland can use their Permanent Resident Card (Green Card) as a REAL ID-compliant form of identification.
2. Undocumented immigrants in Maryland may not be eligible for a REAL ID, but they can explore alternative forms of acceptable identification, such as a valid passport from their home country or a state-issued ID.

It is essential for green card holders and undocumented immigrants in Maryland to stay informed about any updates or changes to REAL ID requirements, as compliance is crucial for domestic air travel and accessing certain federal facilities.