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32 Seattle U. L. Rev. 231 (2008-2009)
A Choice that Leaves No Choice: Unconstitutional Coercion under Real ID

handle is hein.journals/sealr32 and id is 233 raw text is: A Choice that Leaves No Choice:
Unconstitutional Coercion Under Real ID
Michael J. Allent
After the tragic events of September 11, 2001, Congress enacted
The Real ID Act of 2005 (Real ID or Act) in response to national
security concerns and, in particular, unreliable standards for driver's li-
censes and identification cards.' Notwithstanding congressional intent,
Real ID faces serious opposition across a wide spectrum of political in-
terests-from information privacy advocates and opponents of expansive
federal government to proponents of immigrant rights.2                 Several state
legislatures have enacted either objections to or rejections of Real ID's
licensing requirements, while other state legislatures have introduced
similar bills for debate.3
t J.D. candidate, Seattle University School of Law, 2009; B.A., University of California at Los
Angeles. I dedicate this Comment to the memory of my father, Stephen P. Allen (B.A. '57), whose
love, encouragement, and unflagging support made my pursuit of a legal education possible. I also
wish to thank Peter Smith, Magdalena Bragun, and the members of the Seattle University Law Re-
view for their thoughtful and thorough input. Lastly, I owe my biggest debt of gratitude to my loyal,
patient, and loving wife, Irina, who sacrifices so much to serve our family as I am so often absent
with work and study.
1. Real ID Act of 2005, 49 U.S.C. § 30301 (2005). President George W. Bush ordered the 9/11
Commission at its inception to provide Congress with recommendations for the prevention of future
terrorist attacks. See Arianna Garcia, Comment, The Real ID Act and the Negative Impact on Latino
Immigrants, 9 SCHOLAR 275, 281 (2007). Representative James Sensenbrenner, who introduced the
bill in the House, stated: The goal of the Real ID Act is straightforward: it seeks to prevent another
9/11 type attack by disrupting terrorist travel. Id. at 285.
2. Alexandra Marks, Why States Are Resisting U.S. on Plan for REAL ID., CHRISTIAN SCI.
MONITOR, Nov. 5, 2007, available at http://www.csmonitor.com/2007/1105/pO2sOl-usgn.htm. See
also ACLU, SCORECARD ON FINAL REAL ID REGULATIONS (2008), available at http://www.aclu-
3. See infra Part II.

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