Overview
Title
To prohibit transportation of any alien using certain methods of identification, and for other purposes.
ELI5 AI
The "VALID Act" is about making sure airlines only let people fly if they show certain kinds of identification. It aims to stop airlines from letting people board planes if they use a few specific types of ID that the government doesn't want them to accept.
Summary AI
H. R. 7951, also known as the "Verifying that all Aliens have Legitimate Identification Documents Act" or the "VALID Act," aims to prevent air carriers from transporting aliens using certain forms of identification. The bill prohibits airlines from accepting the CBP One Mobile Application, DHS Form I-385 (Notice to Report), and DHS Form I-862 (Notice to Appear) as valid identification for boarding aircraft either for foreign or domestic purposes. If enacted, the legislation would stop air carriers from operating flights if they accept these methods of ID for transporting aliens.
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AnalysisAI
The bill, known as the “Verifying that all Aliens have Legitimate Identification Documents Act” or the “VALID Act,” aims to impose restrictions on the transportation of aliens using certain identification methods. Specifically, it targets the use of specific forms of identification such as the CBP One Mobile Application and certain Department of Homeland Security forms. This legislation seeks to prevent air carriers from transporting individuals identified as aliens if these methods are used for identification. Additionally, it restricts the Secretary of Homeland Security from designating these forms as valid identification for domestic airline passengers.
General Summary
The VALID Act introduces a measure to permanently prohibit air carriers from operating flights under circumstances where aliens are transported using certain government-issued identification forms. This prohibition extends to both domestic and foreign carriers. Furthermore, the bill amends existing legislation to explicitly disallow some forms of identification for airline travel within the United States.
Significant Issues
Several issues arise from the proposed legislation. Firstly, there is a lack of clarity regarding how compliance will be monitored or enforced. The absence of specific enforcement mechanisms or penalties for non-compliance may challenge the effective implementation of the bill.
The language used in the bill, particularly words like "actively provides" or "actively facilitates," may be considered vague, potentially leading to inconsistent interpretations and applications of the law. This vagueness could result in varied enforcement by different agencies or courts, potentially leading to legal disputes.
Furthermore, the bill's decision to prohibit specific identification methods without providing alternatives could lead to confusion for both passengers and air carriers. This omission may cause logistical issues for the travel industry and inconvenience travelers who rely on these forms of identification.
Impact on the Public
The public might experience broad impacts from this bill, especially travelers and air carriers. The prohibition of certain identification forms could lead to scenarios where individuals are unable to board flights due to their reliance on now-unacceptable identification methods. This could disrupt travel plans and create frustration among the traveling public.
Impact on Stakeholders
For air carriers, both domestic and foreign, this bill represents a regulatory challenge. Without clear enforcement guidelines or penalties, carriers may struggle with compliance efforts, complicating their operations and potentially leading to legal liabilities if they unwittingly breach the new regulations.
Privacy and immigrant advocacy groups might view the bill as discriminatory, given its focus on identification forms predominantly used by aliens. Concerns could be raised about equity and fairness, questioning whether the bill disproportionately targets specific population groups without adequate justification.
In summary, the VALID Act seeks to control how aliens are transported by regulating the types of identification used. While aiming to establish stricter identification protocols, the bill's lack of clarity regarding enforcement and the absence of alternative identification methods could pose significant challenges for stakeholders, including travelers and air carriers. As discussions around the bill progress, these issues are likely to be focal points for debate among policymakers, industry representatives, and advocacy groups.
Issues
The bill does not specify how compliance with the prohibition for air carriers will be monitored or enforced (Section 2). This lack of clarity could lead to ambiguity regarding enforcement mechanisms, potentially causing implementation issues.
The language used in Sections 2 and 40131 to describe what constitutes 'actively provides' or 'actively facilitates' may be considered vague. This could result in inconsistent application and interpretation of the law by different parties.
There is no specification of penalties or enforcement mechanisms for non-compliance by air carriers or foreign air carriers in Sections 2 and 40131. This absence could impede the effectiveness of the legislation, as there may be no clear consequences for violations.
The prohibition targets specific forms of identification such as the CBP One Mobile Application and certain DHS forms, without offering a rationale in the bill text (Section 2). This could be viewed as targeting specific groups, raising ethical concerns regarding fairness and discrimination.
The bill does not provide alternative forms of identification for airline passengers in Section 3. This might lead to confusion both for passengers and airline operators, potentially disrupting travel and leading to implementation challenges.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this Act indicates that it can be officially referred to as the "Verifying that all Aliens have Legitimate Identification Documents Act" or simply the "VALID Act."
2. Permanent prohibition on operations for air carriers that provide, or facilitate the provision of, transportation of any alien using certain methods of identification Read Opens in new tab
Summary AI
The section prohibits air carriers from operating aircraft to transport aliens to the United States if they use certain identification methods, such as the CBP One Mobile Application or specific Department of Homeland Security forms. It also updates the U.S. Code to include this prohibition.
40131. Permanent prohibition on operations for air carriers that transport any alien using certain methods of identification Read Opens in new tab
Summary AI
An air carrier, whether domestic or foreign, is not allowed to operate flights to or from the United States if it uses or helps to use certain forms of identification, like the CBP One Mobile App or specific Department of Homeland Security forms, for identifying anyone who is considered an alien.
3. Prohibition of certain forms of identification for airline passengers Read Opens in new tab
Summary AI
The section amends the Intelligence Reform and Terrorism Prevention Act of 2004 to prohibit the Secretary of Homeland Security from accepting certain forms of identification, such as the CBP One Mobile Application and specific Department of Homeland Security forms, for domestic airline passengers boarding a plane.