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On May 11, 2005, the REAL ID Act was signed into law, establishing stricter federal identification standards. After multiple delays, the law will be enforced beginning May 7, 2025. This means that individuals will be required to present a REAL ID-compliant driver’s license or identification card to board domestic flights, enter federal buildings, and access certain government services.

While framed as a national security measure, the REAL ID Act disproportionately harms immigrants, Black communities, LGBTQ+ individuals, and other marginalized groups. For many, obtaining compliant identification is an uphill battle due to restrictive documentation requirements, financial barriers, and systemic discrimination.

For Black LGBTQ+ immigrants, many of whom have fled persecution, experienced legal complexities with asylum, or lack access to identity documents due to discrimination this policy heightens existing vulnerabilities. The requirement for specific documentation, including birth certificates and proof of legal residency, can be especially difficult for immigrants from countries where such records are inaccessible or where LGBTQ+ identities are criminalized.

THE IMPACT ON BLACK AND BLACK LGBTQ+ IMMIGRANTS

For Black immigrants and LGBTQ+ immigrants, the enforcement of the REAL ID Act raises urgent concerns:

• It will Increase Barriers to Mobility: Those without a REAL ID will be unable to board domestic flights, restricting access to work, healthcare, and family support.

• Increased Risk of Discrimination & Policing: Tighter ID regulations often lead to racial profiling and unnecessary encounters with law enforcement, disproportionately affecting Black immigrants.

• Impact on Asylum Seekers & Trans Immigrants: Those in the process of legalizing their status may struggle to obtain the necessary documents. Additionally, trans immigrants may face further hurdles if their identification does not align with their gender identity.

• Increase Encounters with Law Enforcement: Many immigrants rely on state-issued IDs or community IDs. Without a REAL ID, interactions with police or TSA could result in questioning, detention, or even deportation.

• Exclusion from Essential Services: In some states, REAL ID compliance could impact access to healthcare, housing, and social services, disproportionately harming Black community, asylum seekers, refugees, and undocumented individuals.

WHAT BLACK AND BLACK LGBTQ+ IMMIGRANTS CAN DO TO STAY SAFE

✔ Check Your State’s REAL ID Requirements: Some states automatically issue REAL IDs, while others require additional steps. Visit your state’s DMV website to verify your eligibility and apply as early as possible.
✔ Know Your Rights When Traveling: If you are stopped by law enforcement or TSA, remember

• You do not have to answer questions about your immigration status.

• If stopped by TSA or law enforcement, ask if you are free to go before answering questions.

• You have the right to remain silent and ask for a lawyer if detained.

• You do not have to consent to searches beyond standard security procedures.

✔ Seek Legal Support: If you are an immigrant facing documentation or status challenges, contact an immigrant rights organization for guidance.

✔ Plan Ahead for Travel & Identification Needs: If you do not qualify for a REAL ID, look into other options such as state-issued non-REAL ID driver’s licenses, passports, or trusted traveler cards (like Global Entry). Some states offer municipal IDs that may be useful for daily identification purposes.

✔ Be Mindful When Traveling: If you do not have a REAL ID or alternative federally approved ID by May 7, 2025, plan ahead. Consider using a valid passport for domestic travel if possible. Avoid situations where lack of ID could put you at risk of being detained or questioned.

ALTERNATIVE FORMS OF ID IF YOU DON’T HAVE A REAL ID

If you are unable to obtain a REAL ID, you may still use:

• Valid U.S. or Foreign Passport: A passport can be used for both domestic and international travel.

  • NOTE: Only show  your foreign passport if you are legally present in the US, as it could raise questions about your legal status

• Permanent Resident Card (Green Card): If you are a lawful permanent resident, your Green Card serves as a federally accepted ID.

• Employment Authorization Document (EAD): A valid work permit issued by USCIS may be accepted in some cases.

• Military or Tribal ID: Certain tribal-issued and military IDs are considered valid alternatives.

• State-Issued Non-REAL ID Driver’s License: While it won’t work for federal purposes, a non-REAL ID license may still be used for driving and local identification.

CALL TO ACTION
BDLI is committed to protecting the rights and safety of Black LGBTQ+ immigrants. We urge our community to

• Stay Informed: Know your state’s requirements and deadlines for REAL ID compliance. Some states offer alternatives or extensions.

• Educate yourself and others about the REAL ID Act and its impact.

• Connect with immigrant rights groups for assistance with documentation.

• Advocate for policies that prevent increased discrimination and barriers to access.

• Amplify Voices: Share stories and raise awareness about how this law disproportionately impacts Black and LGBTQ+ immigrants.

• Support Black & LGBTQ+ Immigrant Rights Organizations: Donate, volunteer, and advocate for groups working to ensure immigrant communities remain safe.

As the enforcement date approaches, we must work together to ensure that Black LGBTQ+ immigrants are not left behind. Stay informed, stay safe, and continue to fight for a world where identification policies do not become tools of exclusion.

ABOUT BDLI

Black Diaspora Liberty Initiative (BDLI) advocates for the rights and well-being of Black LGBTQ+ immigrants, by fostering a supportive and inclusive environment where all individuals not only survive but thrive.

We provide compassionate support, advocacy, and resources for Black LGBTQ+  immigrants who have been displaced from their home countries due to persecution, discrimination, or violence based on their sexual orientation, gender identity, or gender expression, while working towards uniting the Black LGBTQ+ communities in the diaspora.