Q&A – Is the Federal Government Issuing IDs for Illegal Immigrants?

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Q&A – Is the Federal Government Issuing IDs for Illegal Immigrants? 

Each day I feature a listener question sent by one of these methods.       

Email: brianmudd@iheartmedia.com      

Social: @brianmuddradio     

iHeartRadio: Use the Talkback feature – the microphone button on our station’s page in the iHeart app.        

Today’s Entry: What is going to keep the Fed. Govt. from issuing (illegal) immigrants FEDERAL ID'S to be used to drive or vote? The Govt. Issues ID'S for military and dependents and the same "type of ID" could be used a different way to superseded the new FL laws just implemented. The Supreme Court has also ruled on people driving on PUBLIC streets legally WITHOUT a valid driver's license.   

Bottom Line: Today’s note comes on the heels of Florida’s recently enacted law which prevents any state or local government agencies from recognizing IDs issued to those lacking legal status in the United States. Could it be the case that the federal government, at President Biden’s direction, could issue ID cards to illegal immigrants? Could those IDs then potentially be used to vote? These are especially timely questions in part because there’s an active effort underway to attempt to provide “undocumented persons” with federally issued IDs.  

The idea that the Biden administration was working on a potential federal ID system for those who lack legal documentation but that are seeking asylum status first emerged during the summer of 2022. As Axios reported at the time: The Biden administration plans to test providing temporary I.D. cards to unauthorized immigrants awaiting a final decision on their cases, according to two government sources familiar with the planning. The reason cited by the sources was: Recent border crossers and other unauthorized immigrants in the U.S. often do not have I.D.s , making it more difficult to access housing, healthcare, transportation and other benefits. Due to the record amount of border crossers into the United States court dates for those seeking asylum commonly now extend out seven years or more. So effectively the Biden administration has sought to create a federal ID to streamline federal assistance programs to the millions who’ve entered the country seeking status under his watch.  

In February I detailed in an analysis how 63% of “non-citizen” households are on government assistance programs. Presumably President Biden seeks to bring that number up to 100%. Taken at face value that is the “gap” the initiative seeks to bridge. As for what the IDs would be and how they would work... 

The ID program is called the ICE Secure Docket Card. Congressional Democrats authorized the initiative with $10 million of funding prior to Republicans gaining control of the House in January of 2023. With that the framework of the initiative was created by the Department of Homeland Security. The plan was/is to:  

  • Provide ID cards containing a QR code with enrollee status to migrants not in detention centers who illegally cross the U.S.-Mexico border or others without legal status going through the lengthy immigration or removal court processes. 

It’s said that in addition to aiding in government assistance programs, the cards would retain information about the status of legal proceedings pertaining to the asylum process. Quoting ICE when questioned about the initiative: The ICE Secure Docket Card program is part of a pilot program to modernize various forms of documentation provided to provisionally released noncitizens through a consistent, verifiable, secure card.  

Now, aside from the frustration if not outrage you may feel about what’s been and is being attempted here (which is yet another indication that the Biden administration has been working harder to try to provide resources to illegal immigrants with your tax dollars, than IT has to enact policy to improve your quality of life as an American citizen)...here’s where the program stands. Last September ICE provided notification to Congress of its intent to move forward with this statement:  

  • The ICE secure docket card concept is a pilot program that would modernize documentation provided to some noncitizens. While the specifics of the program are under development, it is important to note the secure card will not be an official form of federal identification. The secure card will indicate it is for use by DHS agencies and would be provided only after national security background checks have been performed. Currently, noncitizens receive paper documents from the federal government about their immigration status. Paper documents pose a security risk, are easily lost, and degrade rapidly in real-world use, creating inefficiencies for the government and noncitizens.  

Following that notification Republican backlash to the program was immediate in congress. The Republican controlled House hasn’t provided the funding for operation of this new program which appears to have paused the implementation of it. As for the related what ifs, if it were to get off the ground?  

As noted by ICE, the IDs wouldn’t be viable to agencies other than DHS. Thus, the cards wouldn’t supersede state ID requirements (also if that were tried, it would be a violation of the 10th amendment to the constitution). As for the potential that they could be used to vote... 

In 1996, the Illegal Immigration Reform and Immigrant Responsibility Act expressly stated that it is unlawful for noncitizens to vote in any federal election. It would require congress passing, and the president signing into law, policy to repeal it. That’s not to say it wouldn’t be attempted, already there are 19 states which issue IDs to those lacking legal status – including numerous local jurisdictions which enable illegal immigrants to vote in local elections – however it would be a federal offense for all enabling and participating in that practice.  

It’s evident that given the opportunity Democrats would institute this program. Currently the slim 4-vote majority Republicans maintain in the House is all that stands between the completed pilot program and the actual rollout. It’s but one more example of what’s on the line with this November’s elections.  


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