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The TSA's New $45 Fee to Fly Without ID Is Illegal (frommers.com)

613 points by donohoe · 169 days ago · 750 comments on HN

Article summary

The Transportation Security Administration (TSA) has started charging travelers without REAL ID a $45 fee to fly, but a regulatory expert claims this fee is illegal as there is no US law requiring ID to fly domestically. The REAL-ID Act only pertains to which IDs are accepted by federal agencies, not to imposing a new ID requirement for airline passengers. The expert argues that exercising the right to fly without ID is difficult due to potential arrests and legal challenges. The TSA's demand for ID and the $45 fee may be unconstitutional and has not been approved by the Office of Management and Budget.

Main themes

  • TSA fees
  • REAL ID requirements
  • Air travel regulations
  • US law and constitutionality
  • Traveler rights
  • National security

What commenters say

  • The $45 fee for flying without REAL ID disproportionately affects the working poor who may not be able to afford it, and a test case should be funded to challenge this fee.
  • Providing free passport cards as a national ID could simplify the process and reduce costs for travelers.
  • Requiring ID to fly is not an effective way to ensure air travel safety and may be an invasion of privacy.
  • The TSA's mission is to ensure air travel safety, but tracking who is going where is not its primary purpose.
  • Some argue that the $45 fee is not a significant issue as most states issue REAL ID compliant drivers' licenses, but others point out that these licenses may cost extra and not all states provide them for free.
  • The process of checking IDs and paying fees is seen as similar to other countries' airport security protocols, but others disagree and think it is an unnecessary hassle.
  • There are concerns that the REAL ID requirement could be used to track and control people's movements, and that it may not be an effective way to prevent threats to air travel safety.
  • The issue of requiring ID to fly is separate from the issue of voter ID and should be considered independently.