The TSA's New $45 Fee to Fly Without ID Is Illegal

Original Article ↗ Hacker News Discussion ↗

Accessibility, Working Poor, and ID Availability

  • Many argue the $45 fee disproportionately harms low‑income travelers, who are less likely to have Real ID, supporting documents, spare cash, or flexible time for DMV visits.
  • Others counter that “working poor” rarely fly for business and that most travelers already have Real ID or passports; critics reply that even small fees and documentation hurdles add up and hit the poorest hardest.
  • Several note that no state offers universally free Real ID, and Real ID often costs extra and demands harder-to-obtain paperwork (proof of address, name consistency), with homeless, foster‑system youth, and informal workers especially disadvantaged.

Real ID, National ID, and Voter ID Politics

  • Suggestions: make a low‑cost or free national ID/passport card that also satisfies voter ID and TSA, with APIs for online verification and perhaps linked public payments.
  • Pushback: voting eligibility is state‑defined; passports/Real ID don’t align with voter requirements, and a universal ID risks “papers please” policing and expanded stop‑and‑search powers.
  • REAL ID is not proof of citizenship; even DHS has said it’s unreliable for that, though it does impose stricter identity/residency vetting than legacy licenses.

Civil Liberties, Surveillance, and Mission Creep

  • Strong sentiment that air travel ID checks are about surveillance and movement control, not safety. Critics emphasize the constitutional “right to travel” and the lack of explicit statutory ID requirement.
  • Real ID and biometric systems (facial scans at checkpoints, CLEAR, PreCheck) are seen as expanding state and corporate tracking, with some reporting TSA resistance when opting out of face scans.
  • Security theater is widely decried: many say TSA fails to catch threats in tests while imposing invasive scans/pat‑downs, and that incidents like 9/11 were about weapons and cockpit access, not ID quality.

Legality of the $45 Fee and TSA Authority

  • The article’s claim: TSA lacks clear statutory authority to require ID or charge a “user fee” for alternative identity verification; under the Paperwork Reduction Act, unapproved identity “form” demands can’t be penalized.
  • Some commenters want validation from groups like EFF/ACLU, noting the argument relies heavily on one regulatory expert.
  • Others counter that 49 U.S.C. §44901’s broad “screening” mandate likely covers ID checks and associated fees, especially post‑Chevron, unless courts find specific APA/PRA violations.
  • Debate over whether refusing passage for lack of ID constitutes an unlawful penalty versus permissible “screening” or airline discretion; common‑carrier obligations and the constitutional right to travel are invoked on both sides.

Money Grab vs. Compliance Mechanism

  • Many see the fee as naked coercion: if Real ID is “required for security,” allowing travel for $45 exposes that claim as pretext.
  • Others argue the process without ID involves extra database lookups, interviews, and staff time, so cost recovery and deterrence of non‑compliance are rational.
  • Back‑of‑the‑envelope estimates using TSA’s own stats suggest annual revenue could reach into the low billions, raising suspicion it’s fiscally significant, not incidental.

How Flying Without ID Actually Works

  • Multiple travelers report flying domestically without ID: they tell TSA they have none, are diverted to a secondary process, answer knowledge‑based questions about past addresses/loans, undergo intensive pat‑downs and bag searches, and often face delays.
  • Airlines generally don’t care for domestic flights if you have a boarding pass; ID checks are mostly at TSA, with stricter enforcement for international legs or checked bags.
  • Some worry the new fee will be layered atop essentially the same process, turning previously free “extra screening” into a paid penalty.

Inequality, Bias, and Paid Fast Lanes

  • PreCheck, Global Entry, and CLEAR are criticized as pay‑to‑skip systems that privatize parts of public security infrastructure and create first/second‑class travelers inside taxpayer‑funded airports.
  • Supporters note that PreCheck/Global Entry require background checks, not just money; critics respond that it still effectively sells convenience and lighter screening to those with means.
  • Anecdotes describe “random” checks disproportionately targeting non‑white or visibly Muslim/Sikh travelers, reinforcing perceptions that TSA practices are both arbitrary and discriminatory.

International Comparisons and Alternatives

  • Several point out that in parts of Europe and New Zealand, domestic flights may require little or no ID, or have more modest security; others respond that some EU carriers still visually check photo ID at the gate.
  • Commenters from ID‑card countries find U.S. resistance to a national ID strange; Americans reply that historical mistrust of federal power and fear of a de facto internal passport underpin opposition.