Rebellious states set out to duel with DHS and challenge the agency by not filing a request for an extension to comply with Real ID. After sparring with states that tested the waters, DHS shockingly granted non-consensual extensions, allowing his agency to claim victory.

All states had the compelling pressure to file an extension by March 31st or state citizens would face not being able to use their existing driver license to board commercial aircraft and enter federal buildings. Therefore governors felt pressure from citizens to not be inconvenienced, but with DHS if they failed to file an extension. The waiver allow states until December 2009, (2014 for citizens over 50 years of age), to reach compliance and full issuance of Real ID drivers license cards to everyone by 2017. Below is a review of the five states which had decided not to participate in Real ID, but were granted unrequested extensions by DHS anyway.

Maine

Maine was the last of the rebel states holding out to request a waiver to DHS for REAL ID compliance. Governor Baldacci wrote to DHS in late March and identified what the state has done to increase security measures in the course of issuing driver's licenses. Assistant secretary for policy, Stewart Baker responded and apprised him that the "U.S. is only as secure as its weakest link," and that "Maine's licenses offer far less security than its neighbors do." Baker indicated Maine had not taken sufficient action to address needed measures for compliance. He also explained the position DHS had taken with some other states in granting extensions, even though legislation against Real ID had been passed; his assessment was simply those states were at least meeting the spirit of the law. Senator Collins from Maine engaged in the match to ensure communication was maintained between Baldacci and DHS, until an agreement was reached.

South Carolina

Another contentious state is South Carolina; Governor Mark Sanford communicated with DHS Secretary Chertoff, claiming he had specific concerns about Real ID including funding issues and what he perceived to be an expansion of federal powers, as well as his belief that the initiative creates of a national network of driver's license databases. Sanford requested that DHS not "needlessly penalize" South Carolina in spite of the state's lack of support for Real ID. Chertoff in turn responded to Governor Sanford as one would expect, defending the program, and surprisingly considered the measures that South Carolina has taken to improve security were sufficient to address the intended purpose of Real ID. He commented that actions demonstrated by the state "will in fact meet the principal security requirements of Real ID". The end result, Chertoff considered Sanford's letter as a request for an extension of the deadline and therefore granted the extension.

California

California DMV Director George Valverde weighed in with DHS by indicating the state's request for an extension was not a commitment to implement Real ID, but instead provides the state an opportunity to assess the final regulations and subsequently move forward with policy prior to a final decision on compliance.

Montana and New Hampshire

DHS met obstacles with Montana and New Hampshire as well; however, in spite of their rebellion against, Chertoff''s office granted extensions. Numerous states have openly declared in the course of requesting an extension, doing so was simply intended to buy time until they can lobby the next Congress and White house for further funding and flexibility.

DHS held a loose interpretation of what constituted a request for extension. One could surmise that DHS simply has a single agenda on this effort – to move it forward to the next administration. Recent events paint a picture that DHS is living in a fantasy attempting to rewrite a happy ending to the first voyage of the Titanic. Regardless of Real ID's destiny, state Department of Motor Vehicle (DMV) agencies do have compelling reasons to ensure the identification process is secure. The fact remains that a driver's license is the most widely used form of identification. State governments use the driver license card as an integral part of many processes for establishment of identification, social service programs as an example. Given states are experiencing tighter budgets and are attentive to fraud, state governments have many reasons to ensure driver license are valid. DMV operations will modernize their systems for issuing secure driver's license. The question at this point remains whether states or the federal government will be in the driver's seat in the process and therefore what impact Real ID legislation ultimately bears.