Little Known Federal Law Paves The Way for National
Identification Card

In September 1996, President Clinton signed the Illegal Immigration Reform and Responsibility Act of 1996. Buried at approximately page 650 was a section that creates a framework for establishing a national ID card for the American public. This legislation was slipped through without fanfare or publicity.

This law has various aspects: It establishes a "Machine Readable Document Pilot Program" requiring employers to swipe a prospective employee's driver's license through a special reader linked to the federal government's Social Security Administration. The federal government would have the discretion to approve or disapprove the applicant for employment. In this case, the driver's license becomes a "national ID card."

According to the author, "For the first time in American history, and reminiscent of Communist countries, our government would have the ability to grant approval before a private company enters into private employment contracts with private citizens. Because of the nature of the employment system alone, personal information would be accessible to local agencies and anyone who even claims to be an employer. The government would have comprehensive files on all American citizens' names, dates and places of birth, mothers' maiden names, Social Security numbers, gender, race, driving records, child support payments, divorce status, hair and eye color, height, weight, and anything else they may dream up in the future."

Another part of the law provides $5 million-per-year grants to any state that wants to participate in any one of three pilot ID programs. One of these programs is the "Criminal Alien Identification Program," which is to be used by federal, state, and local law enforcement agencies to record fingerprints of aliens previously arrested.

A third part of this law provides that federal agencies may only accept driver's licenses that conform to new requirements, meaning only licenses which contain digital fingerprints.

The author of the national ID law, Dianne Feinstein (D-CA), stated in a Capitol Hill magazine that it was her intention to see Congress immediately implement a national ID system whereby every American would be required to carry a card with a "magnetic strip on it on which the bearer's unique voice, retina pattern, or fingerprint is digitally encoded." Congressman Dick Armey (R-TX), among others, has strongly denounced the new law, calling it "an abomination, and wholly at odds with the American tradition of individual freedom."

Shortly before the bill was signed into law, Georgia passed its own legislation, creating something similar to the federal ID program. The Georgia law requires residents to give digital fingerprints before obtaining a driver's license or state ID. This law was approved by the state legislature in April 1996 and received virtually no public or media attention at that time. Since passage, many Georgia lawmakers have tried repealing the law. Eight repeal bills were drafted in the Georgia Assembly and one in the Senate. However, all of the bills were blocked in the Senate and never voted on.

Student Researcher: Bryan Way, Erika Nell, Matt Monpas
Faculty Evaluator: Peter Phillips, Ph.D.

Source:
WITWIGO
Date: May-June 1997
Title: "National ID Card is Now Federal Law and Georgia Wants to Help Lead the
Way"
Author: Cyndee Parker

Mainstream Coverage:
The New York Times, September 8, 1996, Section 6; Page 58, Column 1
Related article in The San Francisco Chronicle, September 19, 1996, Page A1