TWIC Card Challenges: San Diego

Henry Barela would hear participants speak about the frustrations and disappointments around the TWIC card application process many times over his six and a half years working in CEO’s San Diego office as a Job Developer from participants eager to start full-time employment. The challenges in obtaining TWIC cards (or Transportation Worker Identification Credentials) proved to be a frequent barrier both for participants looking for work and employers looking to hire.

TWIC cards are required credentials by the TSA for anyone working in secure areas of port facilities. However they are a frequent roadblock for formerly incarcerated individuals seeking employment in port cities like San Diego. In his time as a Job Developer Henry supported over 1,000 participants and made nearly 700 full-time job placements, however the barrier of TWIC cards continued throughout his work of connecting participants to jobs; “Most returning citizens are motivated to find a job, provide a service to the community and complete the paradigm shift from a previous life to their future” Henry says, “Unfortunately background checks like TWIC, hinder these members of our society from becoming gainfully employed, adding to homelessness and food insecurity in our communities.” Although the Port of San Diego is the fourth largest port in California, employing about one in thirty people in San Diego County, individuals with criminal records are routinely denied the credential simply based on the fact that they have a criminal record even though many convictions do not disqualify an individual from being eligible. While there are appeal and waiver processes in place for obtaining a TWIC card, these processes are unclear for many individuals. Some of these challenges include: a high fee ($125) to apply, various documentation needed, and a quick turnaround time to submit all necessary materials. This frequently results in justice-impacted individuals being unable to complete the process or, in some cases, be reluctant to try at all. Furthermore, while TWIC cards contribute to necessary national safety measures, an assessment from the Homeland Security Operational Analysis Center finds that few people with risk factors engage in terrorism, meaning that the great majority of people with disqualifying criminal histories present no terrorism risk.

While justice-impacted job seekers experience this cycle of rejection and frustration directly, local employers and training providers also experience fallout from these challenges. CDL of California; a Commercial Driver’s Licence (CDL) training provider in California that trains individuals who are pursuing employment operating commercial motor vehicles, acknowledges the disparities the current TWIC card application process creates for justice-impacted individuals. “Individuals seeking their CDL with us are trying to better their lives” says Rebecca Lopez, an instructor at CDL of California, “It’s unjust that the TWIC card application process is so much more difficult and complicated for those with a background. Everyone deserves an equal shot at success, and the TWICE Act is an essential step toward making that a reality.”

Henry, who has since moved from his Job Developer position to Sr. Associate of Investment & Local Engagement at CEO who oversees transitional job partnerships with employers across the country, sees how the current TWIC card process continues to hinder participants’ success, “The current TWIC background check process is overly rigid, and fails to consider individual circumstances of applicants with convictions, specifically those who have successfully completed the terms and conditions of their supervision.”

Reforms to the TWIC card application process are needed to address these eligibility challenges. These reforms should include provisions for individualized consideration, collaboration across agencies to organize the appeal and waiver processes, and alignment with best practices in criminal justice reform and reentry initiatives. In recent years, there has been a growing bipartisan recognition of the need to reform the criminal justice system and provide pathways for successful reentry into society. Legislation like the bipartisan TWICE Act (HR7223) would move the needle in the right direction by making the TWIC card application process more accessible to job seekers with criminal records. It would allow justice-impacted individuals seeking this credential to start the application process before their release and provide clearer guidelines on the appeal and waiver process if their first application is denied.

“TSA should be mindful of the shifting political landscape and public opinion, which increasingly favors a more nuanced and rehabilitative approach to criminal justice” says Henry, “By aligning its policies with a person-centered approach, TSA can not only address concerns about the TWIC process but also demonstrate its commitment to promoting fairness, redemption, and second chances for those who simply want an opportunity to earn a paycheck.”