The current debate about consular identification cards in the United States has centeredaround the matrÃ­cula consular, the consular card issued by the Mexican government to its citizensin the United States when they register with a consulate. Additionally,12 states recognize the card as one of the acceptable proofs of identity to obtain a driver's license. The Intelligence Reform and Terrorism Prevention Act of 2004, approved inDecember 2004 in response to the 9/11 Commission recommendations, requires the Secretary ofHomeland Security to propose, subject to congressional approval, minimum standards foridentification documents to be used by airline passengers (and, after a report, for entry to designatedfederal facilities) and establishes strict default standards in the event of congressional disapproval. On February 10, 2005, the House passed H.R. 418 , the REAL ID Act of 2005(Sensenbrenner), that would establish identity card standards for the issuance of drivers' licenses thatwould seem to preclude the use of consular ID cards for those purposes. 1268 )as Division B on March 16, 2005. 1268 was passed with thespecified provisions by the House and Senate in early May 2005, and it was signed into law ( P.L.109-13 ) on May 11, 2005. They maintain that acceptance of thecard is necessary in a post-September 11, 2001 America in which photo identification is required toconduct daily business and that such acceptance is beneficial not only for the holders but for thebanks and other institutions as well. Supporters argue that the card is a secure, fraud-resistantdocument that reliably identifies the bearer. Opponents argue that domestic acceptance of the card threatens homeland security. Proponents of the matrÃ­cula consular argue that consular identification cards make it easierfor U.S. law enforcement officials to notify consulates of the detention of foreign nationals, andthereby improve the likelihood that U.S. citizens under arrest abroad will have the benefit of consularnotification and protection. The major measure inthat area was the Transportation-Treasury Appropriations for FY2005, incorporated into the Consolidated Appropriations Act for FY2005 ( H.R. As enacted, the measure restored funding, without the previouslypassed prohibitions, for Treasury Department implementation of regulations permitting financialinstitutions to accept the matrÃ­cula consular cards as identity documents for banking purposes. 4818 / P.L. 108-447 . S. 2845 / P.L. 108-458 . Section 3006 would have providedthat for the purpose of establishing identity to any federal employee, an alien in the United Statescould present (1) any document issued by the U.S. Attorney General or the Secretary of HomelandSecurity under the authority of an immigration law, (2) a domestically issued document that theSecretary of Homeland Security had designated as reliable and that could not be issued to an alienunlawfully present in the United States, or (3) any unexpired, lawfully issued foreign passport asdetermined by the Secretary of State. Following conference, H.R. 109-13 includes provisions that require a determination that the applicant is lawfully present in the UnitedStates and that specify that an official passport is the only acceptable foreign identity document. 368 would establishidentity card standards for federal recognition and the issuance of drivers' licenses. (22) The bill was attached to the Emergency Supplemental Appropriations for FY2005( H.R.
The current debate about consular identification cards in the United States has centeredaround the matrÃ­cula consular, the consular identification card issued by Mexican consulates toMexican citizens in the United States. In May 2003, the Treasury Department issued regulationsallowing acceptance of the cards as proof of identity for the purpose of opening a bank account, andthe cards are accepted for other purposes as well, including issuance of drivers licenses.
Consular identification cards raise issues for domestic policy and foreign policy. Withrespect to domestic policy, supporters argue that acceptance of the cards is necessary in apost-September 11, 2001 America, where photo identification is required to conduct daily business. They maintain that the card is a secure and fraud-resistant document that improves security andbrings people into the open financial community where transactions can be monitored more easily. Opponents argue that the cards are not secure and are needed only by aliens who are illegally presentin the United States and serve to undermine U.S. immigration policy.
In the area of foreign policy, supporters maintain that U.S. acceptance of the cards hasimproved bilateral relations with an important neighboring country. They argue that the cards helpU.S. officials to notify consulates of the detention of foreign nationals and improve the likelihoodthat U.S. citizens will have the benefit of consular notification. Opponents contend that regulationof the cards is necessary to reinforce immigration policy and to defend against terrorism.
On February 10, 2005, the House passed H.R. 418 , the REAL ID Act of 2005 that would, among other things, establish standards for the issuance of drivers' licenses that wouldseem to preclude the acceptance of consular ID cards, The bill includes provisions that require adetermination that the applicant is lawfully present in the United States and that specify that anofficial passport is the only acceptable foreign identity document. This measure was attached by theHouse to the Emergency Supplemental Appropriations for FY2005 ( H.R. 1268 ) asDivision B on March 16, 2005. Following conference, H.R. 1268 was passed with thespecified provisions by the House and Senate in early May 2005, and it was signed into law ( P.L.109-13 ) on May 11, 2005.
Last year, in November 2004, Congress passed the Transportation-Treasury Appropriationsfor FY2005 in the Consolidated Appropriations Act for FY2005 ( H.R. 4818 / P.L.108-447 ), after restoring funding for Treasury Department implementation of regulations permittingfinancial institutions to accept consular ID cards as identity documents for banking purposes. InDecember 2004, Congress also passed the Intelligence Reform and Terrorism Prevention Act of2004 ( S. 2845 / P.L. 108-458 ), with requirements that the Secretary of HomelandSecurity propose minimum standards for identification documents to be used by airline passengersand minimal standards for the issuance of drivers' licenses. This report will be updated as legislativedevelopments occur.