TSA fees imposed on people boarding planes without official identification are illegal
The Transportation Security Administration (TSA) will begin imposing a $45 fee on passengers traveling without a government-recognized form of identification, known as a REAL ID, effective February 1, 2026. However, experts have pointed out that there is no law requiring passengers to show ID or pay the fee on domestic flights in the United States, making the requirement unlawful and unfounded.
Frommers | 'The TSA's New $45 Fee to Fly Without ID is Illegal,' Says…
REAL ID is a federally recognized identification card that functions as a driver's license or state-issued ID, and was defined by the REAL ID Act in response to the September 11, 2001 terrorist attacks .
Edward Hasbrouck, a travel industry regulatory expert, argues that 'historically, U.S. law has never required passengers to show identification when boarding domestic flights.'
The requirement to present identification when boarding an aircraft was put into place by order of then-President Clinton in 1996 and is not based on Congressional law. The REAL ID Act merely defines the types of documents that are acceptable in situations where identification is required, and does not impose any new requirements where identification was not previously required.
In fact, the TSA's official website states that passengers may be allowed to board even without ID, and past court records have confirmed that there are no laws or regulations restricting flying without ID.
by TravelSafe BC
In a lawsuit challenging airlines' requirement for ID at boarding, the court dismissed the plaintiff's case, finding no legal issue, citing the TSA's own admission that there are no specific laws or regulations requiring ID at airports.
Furthermore, Hasbrouck points out that the new fee collection and related online form implementation have not been approved by the Office of Management and Budget (OMB) and are therefore not legally enforceable under the Paperwork Reduction Act (PRA).
The Paperwork Reduction Act provides a complete defense against refusing to respond to information collection requests from federal agencies that do not have OMB approval or a valid control number, with no penalties whatsoever. Hasbrouck argues that while the law clearly recognizes the right to refuse to show identification or pay the $45 fee, those who try to exercise that right in reality face unjust arrest and expensive legal fees, making the system unfair.
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