Despite many unresolved problems, the U.S. Department of Homeland Security continues to threaten sanctions against residents of states that do not move toward compliance with the Real ID Act, which sets tighter standards for driver’s licenses. Maine and more than a dozen other states have opted out of the law, but the department has warned that residents may not be able to board planes and access federal buildings unless the states apply for an extension for compliance by March 31.

Rather than try to coerce compliance, the law needs to be revisited and rewritten. New Hampshire’s letter requesting a waiver shows why. After asking for the waiver to allow New Hampshire driver’s licenses to remain valid for identification by federal agencies after May 11, Gov. John Lynch reminds Homeland Security Secretary Michael Chertoff that New Hampshire has adopted legislation prohibiting the state’s participation in the driver’s license portion of the Real ID Act. “This request is not an indication of our state’s intent to comply with the Real ID final rule,” the letter concludes.

This “we won’t follow your rules, but please give us more time” approach allows the Bush administration to say it is being tough on terrorism by appearing to beef up license requirements.

It also shows the fallacy of the act. In January, the department extended the deadline for completing issuance of Real ID-compliant driver’s licenses until December 2017 – 16 years after the Sept. 11 attacks. Further, although the Department of Homeland Security has long touted the Sept. 11 terrorists’ possession of U.S. driver’s licenses as a reason for the national license standards, the 19 men were issued visas by the federal government. Without visas to be in the U.S., the driver’s license issue becomes moot.

The extended timetable and contradictory waiver requests don’t negate serious problems with the ID law, especially how personal information will be protected and how the program will be paid for. The National Governor’s Association estimates the program could cost up to $20 billion. So far, Congress has appropriated $40 million.

Rather than allowing the administration to threaten states with the specter of their residents missing weddings and funerals because they’ll be barred from airplanes, Congress needs to reconsider the Real ID Act. They’re likely to find there are better ways to prevent terrorism.