Comment Re:It requires FIVE types of ID... (Score 2) 275
I’m surprised it isn’t already. In the EU all ID cards must have a ICAO 9303 compliant chip. The US passport already does, so I would have expected the ID card to implement it as well.
It’s strange that the US is at the cutting-edge for some technology and decades behind in others (banking, basic government administration).
Per https://www.dhs.gov/enhanced-d...
EDLs make it easier for U.S. citizens to cross the border into the United States because they include:
A Radio Frequency Identification (RFID) chip that will signal a secure system to pull up your biographic and biometric data for the CBP officer as you approach the border inspection booth.
A Machine Readable Zone (MRZ) or barcode that the CBP officer can read electronically if RFID isn't available.
And:
No personally identifiable information (PII) is stored on the card's RFID chip or can be transmitted electronically by the card. The card uses a unique identification number that links to information contained in a secure DHS database. This number does not contain PII.
When you get an EDL, you will also receive:
Information on how to use, carry, and protect your license.
A shielded sleeve that prevents anyone from reading your license.
So, it should have a way to electronically verify that the license/ID card is real (and what name should be on it)
Back to the filing in question, from the submitted affidavit: https://storage.courtlistener....
11. One individual remained at the worksite. One HSI Special Agent approached the individual, later identified as Plaintiff’s brother, Carlos Garcia-Venegas, who did not understand questions posed to him in English. ERO Deportation Officer came to assist through asking questions in the Spanish language however, the individual exhibited body language indicating an intention to flee. Once the ERO Deportation Officer found that Plaintiff’s brother posed a flight risk, the ERO Deportation Officer began to apprehend Plaintiff’s brother. Plaintiff then began to move quickly toward the arresting ERO Deportation Officer, posing a possible safety threat and potentially attempting to intervene in an ongoing apprehension.
12. An HSI Special Agent moved in between Plaintiff and the arresting ERO Deportation Officer and asked for Plaintiff’s identification, which Plaintiff vehemently refused to provide, insisting that he was not required to produce any documents and became confrontational.
13. Plaintiff began moving away from the HSI Special Agent in an effort to go around him. The HSI Special Agent instructed Plaintiff to stop, but the Plaintiff quickened his pace until he was circling around the arresting ERO Deportation Officer and his brother. The HSI Special Agent stopped Plaintiff by grabbing his wrist, as the HSI Special Agent was concerned for everyone's safety due to the presence of a concrete pad with exposed rebar and other sharp objects in the area, and due to Plaintiff’s refusal to comply with any commands given.
14. Plaintiff, continued to refuse to comply with commands and stated for the first time in the encounter that he was a U.S. citizen. The HSI Special Agent stated that if Plaintiff could provide identification demonstrating his citizenship, he would be released.
15. Plaintiff continued to use physical force against the HSI Special Agent by wrenching his arms and body, in an effort to resist law enforcement actions and create a risk of bodily injury to the officers. The HSI Special Agent employed multiple deescalating control techniques to secure Plaintiff for both the safety of officers on scene and Plaintiff until another HSI Special Agent was able to assist. Plaintiff continued to resist and was directed to the ground by two HSI Special Agents. Plaintiff was then handcuffed, with his hands restrained behind his back.
16. Only after being cuffed, Plaintiff stated that he had identification in his pocket. He was then brought to stand by the government vehicles. A subsequent search of his pocket by the HSI Special Agent located Plaintiff’s wallet, containing Plaintiff’s REAL ID-compliant Alabama driver’s license, as well as a second driver’s license. The HSI Special Agent needed to further verify his U.S. citizenship because each state has its own REAL ID compliance laws, which may provide for the issuance of a REAL ID to an alien and therefore based on HSI Special Agent training and experience, REAL ID can be unreliable to confirm U.S. citizenship.
17. Plaintiff agreed to communicate with law enforcement while the officers verified his U.S. citizenship. Plaintiff informed the HSI Special Agents that he knowingly transports illegal aliens for Southern Home Crafters following his employers’ direction and with the owner’s knowledge.
18. I was advised by HSI Special Agents that Plaintiff was referred to the U.S. Marshals Service for further investigation under Title 18 in reference to resisting federal officers and interfering with a federal investigation. I am unaware of any resulting criminal charges or the outcome of any investigation. 19. After U.S. citizenship was verified, the handcuffs were taken off and Plaintiff was released. Plaintiff was handcuffed for approximately 18 minutes.
So, REAL ID CAN be unreliable to confirm U.S. citizenship BECAUSE each state has its own REAL ID compliance laws, which may provide for the issuance of a REAL ID to an alien (in addition to the usual issues of it being lost and/or stolen).
I am curious what the "rest of the story" on the 2nd license was, was it his from anther state/country, a fake, real, but not his, or?
Even with a valid REAL ID, I can see being detained/arrested if I attempted to stop another arrest and have 2 licenses on me. That happening and then being released in 18 minutes after being cuffed is impressively fast.
Aaron Z