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Contact: Media@dcaclu.org

WASHINGTON - In a move welcomed by the American Civil Liberties Union, Congress last night included in a supplemental military funding measure an explicit prohibition on federal funds for torture or "cruel, inhuman or degrading treatment" of anyone in the custody or control of the United States. However, despite strong objections from civil rights, immigrants' rights, and religious groups, Congress also included the Real ID Act, which rolls back asylum laws, attacks immigrants and sets the stage for a national ID.

"Torture and abuse are never acceptable investigative tools, and last night, Congress affirmed that," said Christopher E. Anders, an ACLU Legislative Counsel. "The anti-torture measure recognizes that all who are in the custody or control of our government deserve the full protections of the law. While this is an important step in the right direction, the administration still must appoint an outside special counsel to investigate and, if appropriate, prosecute any top civilians or officers hihigher up the chain of command for their roles in the torture scandal ."

The ACLU has long been calling for Attorney General Alberto Gonzales to appoint a special counsel to investigate and prosecute criminal mistreatment of those held by American forces in Guantanamo Bay, Abu Ghraib and Afghanistan. In recent weeks, an internal Army review absolved most of those implicated in the scandal, indicating that only an impartial review by investigators not beholden to military rank or party politics will clear the air.

Also included in the military funding measure was the Real ID Act, which was opposed by groups as diverse as the ACLU, the National Association of Evangelicals, the Ancient Order of Hibernians, the National Council of State Legislatures, the National Governors Association and the American Association of Motor Vehicle Administrators.

The act takes us one step closer to a national ID, and a "show us your papers" society, by forcing states to link their databases -- containing every licensed driver's personal information -- with other states, with no guidelines as to who will have access to that information.

Federal mandates would also determine what forms of identification are needed to obtain state drivers' licenses, making it possible that law-abiding American citizens who lack certain key documents - like birth certificates and social security numbers, etc. - could be denied licenses. Additionally, state motor vehicle administrators would become de facto immigration officials, as new federal laws would link immigration status with the issuance of drivers' licenses. A judge with the State Supreme Court in Manhattan ruled yesterday that state motor vehicle authorities may not deny driver's licenses to immigrants who can't prove their legal status.

The act also goes against international law and allows government officials to demand written "corroboration" from those seeking asylum. For instance, a Chinese woman seeking asylum after being forced to have an abortion could be required to obtain proof of her abuse from the doctors who performed the procedure. In a small victory for immigrants' rights advocates, the final Real ID Act struck initial language that eliminated stays of removal before the court of appeals.

Additionally, the Real ID Act would waive all state and federal laws to give the Department of Homeland Security unconditional authority to build barriers along the entire border -- placing private property in the hands of federal agents for a "land grab" for national security purposes.

The Real ID Act was passed by the House with no review or hearings. The Senate held no hearings, either.

"The Real ID Act was sold as an illegal-immigration fix bill, when in fact it reduces every American's freedom," said Timothy Sparapani, an ACLU Legislative Counsel. "At a time when identity theft is rampant, Congress has just made the DMV one-stop shopping for identity thieves."