Kirchner was from 2005 to 2015 director of the Federation for American Immigration Reform, a group that has advocated for extreme restrictions on immigration.

FAIR was founded by John Tanton, a well-known eugenicist who has written papers on the subject and founded a pro-eugenics society. Personal papers he donated to the University of Michigan express his concern at the changing demographics of the United States and his personal interest in the genetic differences between races.

Heidi Beirich, an official with the Southern Poverty Law Center, said she was alarmed by the idea that Kirchner would be made ombudsman. The SPLC has labeled FAIR a hate group.