Fake IDs are usually thought of as a teenage problem – used by underage kids to buy alcohol and tobacco or get into trendy night clubs. However, in the last five years, falsified ID cards have shown to cause many more problems than underage drinking.


Fake IDs have fueled identity theft, illegal immigration and have threatened national security. What’s worse is that criminals are using the same technology as businesses and governments to create advanced fake IDs to further their crimes. Lawmakers and citizens worldwide are having to battle the fake ID problem every day – through legislation and increased vigilance in order to keep the problem at bay.

In this two-part series, we’re going to explore ways that people, businesses and governments are dealing with the fake ID problem. What kind of laws can we expect? How will the ever increasing problem of fake IDs interfere with our everyday lives? Today – how laws are changing to deal with fake IDs.

First, a little history. In the United States, the only form of national ID has traditionally been the passport. Government-issued IDs like drivers licenses and ID cards have always been handled by the states, which have laws governing their use and abuse. In most states, using a fake ID is a felony and is considered to be a form of identity theft. Each state has their own policy regarding the security measures on an ID card, and the required documents necessary to receive an ID card or drivers license from the state.

One recent controversy with drivers licenses and state ID cards is how states determine citizenship or residency. States require that people wishing to acquire an ID card provide proof of citizenship or residency in the United States – which usually consists of a birth certificate, passport, or “Green Card” (Permanent Resident Card). Many states also consider the Matrícula Consular, or Mexican ID card, as a legitimate form of identification. Many opponents of this claim that the Matrícula Consular is easily forged, which could give terrorists or criminals an easy route to a false ID.

So how are lawmakers responding?

    • The SAFE ID Act, introduced by Delaware Senator Joseph Biden in 2003, is designed to adapt applicable sections of the United States Code (18 USC § 1028) to respond to technologies and false ID threats as needed.
    • The REAL ID act, introduced by Congress in 2005, would sponsor the creation of a national ID card in an effort to protect against terrorism. Citizens would be required to hold the national ID card, with its enhanced security features, as well as their other state IDs. Elements of the real ID cards are not yet determined, and the law is still being debated.

One way to make ID cards more secure is through the use of overlaminates. Laminated cards are harder to tamper with, as peeling the overlaminate layer often ruins the images. They also add a visual mark of authenticity through watermarks, easily allowing officials to spot fakes.