The $82 billion appropriations legislation, "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief of 2005," was signed into law by President Bush on May 11, 2005.  It contains a wide variety of immigration measures which significantly impact the admission and employment of foreign nationals in the United States. 

Among the changes to immigration, the legislation sets minimum standards for federally acceptable state-issued identification cards and driver's licenses, provides H-2B relief to small and seasonal businesses, creates a new professional visa for Australian nationals, and recaptures unused Employment-Based Immigrant Visas for Schedule A Occupations.  We will discuss the identification card requirements below.

The REAL ID Act of 2005

Perhaps most significantly, the appropriations act addresses provisions for Acceptable Identification Cards and Driver's Licenses, to become effective May 2008, as follows:

1. Establishes minimum document requirements and issuance standards, including verification of immigration status, for federal recognition of state-issued identification cards and driver's licenses.   These requirements and standards will make it almost impossible for undocumented workers to obtain these documents.

2. Prohibits federal agencies from accepting any state-issued identification card or driver's license which does not meet the above requirements for purposes of accessing federal facilities, boarding federally regulated commercial aircraft, entering nuclear power plants, etc. 

3. Restricts issuance of driver's license to aliens in temporary nonimmigrant visa status on a temporary basis not to exceed the duration of their authorized stay. 

4. Requires states to enter into a Memorandum of Understanding with the Department of Homeland Security under the SAVE Program no later than September 11, 2005 to verify the legal presence of all noncitizen driver's license applicants.

5. Requires any state-issued alternative identification documents that do not comport with the federal requirements to have a unique design or color indicator and clearly state that the card may not be accepted by any federal agency.

The Real ID Act also provides for the construction of a border fence between Tijuana, Mexico and Southern California and appropriate substantial funds for the addition of over 500 new Border Patrol Agents and almost 2,000 beds for detainees, far more than requested by the President.