Immigration Profile of Senator Kirsten 
Gillibrand (D‐NY) 
 
 
 
 
 
 
 
Prepared by U.S. Conference of Catholic Bishops Government Relations 
January 28, 2009 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CONTACT: 
Micheal E. Hill, Associate Director 
United States Conference of Catholic Bishops Government Relations 
Voice: (202) 541‐3161 
Mobile: (202) 257‐1520 
MHill@usccb.org   
 Immigration Profile of Senator Kirsten E. Gillibrand
(D-NY)
Last Updated: January 28, 2009

Senator Kirsten E. Gillibrand (D-NY) was appointed in January of 2009 to the Senate seat
vacated by Senator Hillary Rodham Clinton (D-NY), who resigned from the Senate upon being
confirmed as President Barack Obama's secretary of state.

Senator Gillibrand is a relative newcomer to elective politics, having made her first bid for
political office in 2006. She defeated a scandal-tinged incumbent Republican Representative
John Sweeny (R-NY), in that bid, winning a seat in the U.S. House of Representatives by a
margin of 53-47 percent. She was reelected to the House of Representatives in 2008 with more
than 60 percent of the vote.

Her Former Congressional District

The state of New York is a solidly Democratic state on a national level, having supported the
Democratic presidential candidate over the Republican candidate by huge margins over the last
three presidential election cycles, and having elected Democratic senate candidates over their
Republican counterparts by impressive margins during that time. However, Senator Gillibrand
comes from a district that is very different, politically. The district that Senator Gillibrand
represented in the House is located in the north Hudson Valley, encompassing Saratoga Springs
and Glens Falls. While it narrowly supported President Barack Obama over Senator John
McCain (D-AZ) in 2008, its history is that of a decidedly Republican district, having voted for
President George W. Bush over Vice President Al Gore in 2000 by a margin of 52-44 percent,
and for President Bush over Senator John Kerry (D-MA) in 2004 by a margin of 54-46 percent.
At the time of this writing, it remains to be seen whether Senator Gillibrand’s voting patterns in
the Senate will reflect her new, more liberal statewide constituency or if it will reflect the more
conservative constituency of her former House district.

Immigration Voting Record

Since she was first elected to the House in 2006, Senator Gillibrand has amassed one of the
worse records of support for the pro-immigrant advocacy community’s positions of all of her
House Democratic colleagues. She supported the positions of the pro-immigrant and pro-refugee
communities on only 35.7 percent of the key contested immigration- or refugee-related votes that
Immigration Profile of Senator Kirsten E. Gillibrand (D-NY) (continued)
January 28, 2009

she cast during her time in the House. 1 More specifically, out of 13 key contested immigration-
related votes, she voted against the position of the pro-immigrant advocacy community nine
times and supported the community’s position only four time.

Among the votes that Gillibrand cast against the positions of the pro-immigrant advocacy
community during her first term in the House were votes that she cast to increase funding for
287(g) programs, impose a mandatory electronic employment verification system, increase
funding for state compliance with the requirements of the REAL ID Act, bar mortgages to the
undocumented, and bar federal funding for cities that have sanctuary policies.

On the positive side, then-Representative Gillibrand voted against amendments during the 110th
Congress to prohibit the extension of previously granted designations of Temporary Protected
Status. And while still in the House during the 111th Congress, she voted in favor of H.R. 2,
legislation reauthorizing and expanding the State Children’s Health Insurance Program (SCHIP).
Included in the SCHIP bill that then-Representative Gillibrand voted for was a set of provisions
that would make legal immigrant children and pregnant women eligible for Medicaid and SCHIP
benefits without having to wait five years after entering the United States. The bill was severely
criticized by the immigration restrictionist community because of that set of provisions, as well
as because it contained provisions easing Medicaid and SCHIP’s citizenship documentation
requirements. Immigration restrictionists opposed the first set of provisions because they
believed they would give unwarranted benefits to immigrants. They opposed the latter
provisions, as well, contending that easing the documentation requirements would result in many
illegal immigrants unlawfully gaining access to federally-funded health benefits.

Immigration Legislation Sponsored by the Senator

Senator Gillibrand’s actions in support of the immigration restrictionist communities’ positions
while she was in the House of Representatives were not limited to her voting record. During the
110th Congress, she proposed an amendment to H.R. 3867, the Small Business Contracting
Program Improvements Act, providing that any employer found, based on a determination by the
Department of Homeland Security or the Attorney General, to have engaged in a pattern or
practice of hiring, recruiting or referring for a fee, for employment in the United States an alien
knowing the person is an unauthorized alien shall be subject to debarment from the receipt of
future Federal contracts. The House adopted the amendment by a voice vote.

In proposing the amendment, then-Representative Gillibrand said:

“My amendment to this bill is very simple: businesses that continue to break the
law by hiring illegal aliens should not be eligible for Federal contracts.

“ Mr. Chairman, we must reward businesses that play by the rules and punish
those who do not. It is important that we fix our broken immigration system, and

1
This analysis defines a key contested immigration – or refugee-related vote as a vote (1) on a question which was
of serious consequence to the immigrant or refugee communities, (2) on which there was a clear position taken by
the requisite communities of advocates working on immigration and refugee policy, and (3) on which there was
significant cleavage in the House or Senate

2
Immigration Profile of Senator Kirsten E. Gillibrand (D-NY) (continued)
January 28, 2009

an important component of that is to cut off availability of jobs for undocumented

workers, which can only be done when employers refuse to hire them. There are
an estimated 12 million illegal aliens in this country; and if jobs are not available
to them, then there will not be an incentive for them to come or remain here in
America illegally. Hiring illegal aliens is against the law in America, and my
amendment ensures that employers who knowingly hire illegal aliens cannot have
access to the over $400 billion in Federal contracts that are awarded each year.
This amendment will ensure accountability with taxpayers' money by preventing
businesses who hire illegal aliens from receiving Federal contracts.”

Immigration Legislation Cosponsored by the Senator

In addition to sponsoring anti-immigrant legislation while in the House, Senator Gillibrand
added her name as a cosponsor to several bills that were opposed by the pro-immigrant advocacy
community during her time in the House. The most prominent of these measures was H.R. 4088,
the Shuler immigration enforcement bill from the 110th Congress that was popularly known as
the SAVE Act and that has been so reviled by the pro-immigrant advocacy community. While
she cosponsored the bill, she declined to sign a discharge petition that sought to force the bill out
of committee and onto the House floor.

Senator Gillibrand cosponsored other legislation during her time in the House that was opposed
by the pro-immigrant advocacy community. For instance, she cosponsored several bills during
the 110th Congress to deny driver’s licenses and state identification cards to undocumented
aliens, and she supported several bills that would have established a mandatory electronic
employment verification system.

Campaign Pronouncements
During her first successful campaign for the House in 2006, Ms. Gillibrand expressed support for
“The Secure Fence Act,” which Congress passed and the President signed into law. That
measure authorized the construction of nearly 700 miles of double-layered fencing along the
United States border with Mexico. She was critical that the bill didn’t go far enough, saying that
“it should have additional measures for employer enforcement.” At the same time, candidate
Gillibrand expressed support during her 2006 campaign for broader immigration enforcement
measures. “I support protecting our borders, but our solution must include more measures to
ensure employer enforcement with regards to illegal immigration, building a wall or a fence
alone is simply not enough. In conjunction with solutions taken on the ground at our borders, we
must enforce the employment laws that are currently being ignored by companies who profit
from hiring illegal immigrants. The urgency of dealing with our borders should not be held
hostage by election year legislation and this summer’s field hearings; securing our borders must
be a national security priority. Threats at our borders need serious solutions from Washington
and we have yet to see John Sweeney and Congressional leadership take the lead on improving
our border security.”

Candidate Gillibrand criticized the Bush Administration’s immigration enforcement policies

during her 2006 House campaign as being too lax. She commented that, “[u]nder the Bush
Administration, the number of illegal immigrants apprehended at our border is down 31%. This

3
Immigration Profile of Senator Kirsten E. Gillibrand (D-NY) (continued)
January 28, 2009

is not solely an immigration question; improving our border security is imperative in keeping
America safe.”

Ms. Gillibrand promised in 2006 that, if elected, she would improve points of entry security by:
supporting amendments to enhance border security resources allowing for more Border Patrol
and Immigration agents protecting our borders to catch illegal immigrants, human traffickers and
drug smugglers; enforcing employment laws; opposing federal requirements mandating
passports at Canadian border crossings.

Detailed Immigration Voting Record

The following summarizes each of the 13 key contested immigration- and refugee-related votes
that then-Representative Gillibrand cast while a member of the U.S. House of Representatives:

• Votes in Opposition to the Position of the Pro-Immigrant Advocacy Community. Senator

Gillibrand cast the following votes in opposition to the positions of the pro-immigrant
advocacy community on the following key contested immigration- or refugee related matters
while a member of the U.S. House of Representatives:

1. Undocumented Aliens in Public Housing. Then-Representative Gillibrand was one of

only 46 Democrats (out of 235 Democrats) who voted in favor of the Price (R-GA)
amendment to H.R. 1427, legislation to overhaul the federal housing finance system.

The Price amendment would have required all owners or renters of housing built with
affordable housing fund money to establish their legal residency through the use of
secure forms of identification.

The House agreed to the Price amendment by a vote of 235-188. 2

2. Bar Mortgages for Undocumented Aliens. Then-Representative Gillibrand was one of

only 34 Democrats (out of 235 Democrats) who voted in favor of a Doolittle (R-CA)
amendment to H.R. 1427, legislation overhauling the federal housing finance system.

The Doolittle amendment would have prohibited Fannie Mae, Freddie Mac and the
Federal Home Loan Banks from obtaining primary residential mortgages that were
granted to any individuals who do not have a valid Social Security number.

The House agreed to the Doolittle amendment by a vote of 217-205. 3

3. State and Local Enforcement of Civil Immigration Laws. Then-Representative

Gillibrand was one of 98 Democrats (out of 235 Democrats) who voted in favor of a
Drake (R-VA) amendment to H.R. 2638, the fiscal year 2008 Homeland Security
Appropriations bill.

2
House Roll Call No. 387, May 22, 2007
3
House Roll Call No. 391, May 22, 2007

4
Immigration Profile of Senator Kirsten E. Gillibrand (D-NY) (continued)
January 28, 2009

The Drake amendment would have increased funding for Immigration and Customs
Enforcement salaries and expenses account by $9 million, in order to increase funding in
the bill under section 287(g) of the Immigration and Nationality Act for federal training,
technology, and resources to local law enforcement officers who perform immigration
enforcement functions.

The House agreed to the Drake amendment by a vote of 286-127. 4

4. Construction of Fencing Between the United States and Mexico. Then-Representative

Gillibrand was one of only 61 Democrats (out of 235 Democrats) who voted in favor of a
Brown-Waite (R-FL) amendment to H.R. 2638, the Fiscal Year 2008 Homeland Security
Appropriations Bill.

The Brown-Waite amendment would have increased funding the Customs and Border
Protection by $89 BILLION for the construction of fencing along the U.S. border with
Mexico.

The House agreed to the Brown-Waite amendment by a vote of 241-169. 5

5. Mandatory Use of the E-Verify System. Then-Representative Gillibrand was one of only
38 Democrats (out of 235 Democrats) who voted in favor of a King (R-IA) amendment to
H.R. 2638, the Fiscal Year 2008 Homeland Security Appropriations Bill.

The King amendment would have required the mandatory use of the Basic Pilot
employment eligibility verification system, now known as the E-Verify System.

The House agreed to the amendment by a vote of 228-195. 6

6. Increased Funding to States for Compliance with the REAL ID Act. Then-
Representative Gillibrand was one of only 40Democrats (out of 235 Democrats) who
voted in favor of a Bilbray (R-CA) amendment to H.R. 2638, the Fiscal Year 2008
Homeland Security Appropriations Bill.

The Bilbray amendment would have added $150 million for grants to assist states to meet
requirements of the REAL ID Act of 2005 for secure driver's licenses and identification
cards, and would have been offset by a reduction for the Coast Guard Deepwater ship and
aircraft modernization program by the same amount.

The House rejected the amendment by a vote of 155-268. 7

4
House Roll Call No. 469, June 15, 2007
5
House Roll Call No. 471, June 15, 2007
6
House Roll Call No. 478, June 15, 2007
7
House Roll Call No. 479, June 15, 2007

5
Immigration Profile of Senator Kirsten E. Gillibrand (D-NY) (continued)
January 28, 2009

7. Prohibition of Federal Funding to Cities that Have Sanctuary Policies. Then-

Representative Gillibrand was one of only 49 Democrats (out of 235 House Democrats)
who voted in favor of aTancredo (R-CO) amendment to H.R. 2638, the Fiscal Year 2008
Homeland Security Appropriations Bill.

The Tancredo amendment would have barred the use of funds in the bill to assist state or
local governments that have sanctuary policies, whereby such governments refuse to
share information with the Bureau of Immigration and Customs Enforcement on an
individual's citizenship or immigration status.

The House agreed to the amendment by a vote of 234-189. 8

8. Undocumented Aliens in Public Housing. Then-Representative Gillibrand was one of

only 45 Democrats (out of 235 House Democrats) who voted in favor of a Capito (R-
WV) motion to recommit H.R. 1851 to the Financial Services Committee with
instructions.

The instructions in the Capito motion was for the Committee to immediately report the
measure back to the House with language requiring all adult household occupants of
Section 8 housing to establish proof of legal residency consisting of one of the following:
a Social Security card in conjunction with a state or federal photo identification card; a
U.S. passport; a driver's license; or a U.S. Citizenship and Immigration Services photo
identification card.

The House agreed to the motion by a vote of 233-186. 9

9. Tax Benefits to Undocumented Aliens. Sanctuary Policies. Then-Representative

Gillibrand was one of just 21 Democrats (out of 235 House Democrats) who voted in
favor of a Herger (R-CA) motion to recommit H.R. 5719, the Taxpayer Assistance and
Simplification Act of 2008, to the House Committee on Ways and Means with
instructions. The instructions in the Herger motion was that the Committee report the bill
promptly back to the House with language requiring the Internal Revenue Service (IRS)
to increase efforts to ensure that illegal immigrants do not obtain earned-income tax
credits and add provisions to bar tax exemptions for interest on bonds issued by state or
local governments that do not require their employees to report illegal immigrants to
federal officials

The House rejected the motion by a vote of 210-210. 10

• Votes in Support of the Position of the Pro-Immigrant Advocacy Community. Senator

Gillibrand cast the following votes in opposition to the positions of the pro-immigrant
advocacy community on the following key contested immigration- or refugee related matters
while a member of the U.S. House of Representatives:
8
House Roll Call No. 485, June 15, 2007
9
House Roll Call No. 628, July 12, 2007
10
House Roll Call No. 189, April 15, 2008

6
Immigration Profile of Senator Kirsten E. Gillibrand (D-NY) (continued)
January 28, 2009

1. Flexibility in Constructing Fencing Between the U.S. and Mexico. Then-Representative

Gillibrand voted against a Carter (R-TX) amendment to H.R. 2638, the Fiscal Year 2008
Homeland Security Appropriations Bill. The Carter amendment would have stricken a
number of requirements and conditions in the bill regarding border security fencing,
infrastructure and technology.

The amendment would have eliminated language barring the use of funds for fencing on
certain federal lands unless the decision to locate the fencing has been coordinated with
the relevant federal agency and the department makes every effort to minimize the impact
on wildlife and natural resources. It also would have eliminated language barring the use
of funds unless there has been formal consultation with affected state and local
communities to solicit their advice and support.

The House rejected the amendment by a vote of 190-233. 11

2. Require that Fencing Between the U.S. and Mexico be Double-Layered. Then-
Representative Gillibrand voted against a Royce (R-CA) amendment to H.R. 2638, the
Fiscal Year 2008 Homeland Security Appropriations Bill.

The Royce amendment would have barred the use of funds in the bill for Customs and
Border Protection fencing, infrastructure or technology for anything but a minimum of
two layers of reinforced fencing and roads for a border fence along the U.S.-Mexico
border.

The House rejected the amendment by a vote of 149-272. 12

3. Bar the Extension of TPS Designations. Then-Representative Gillibrand voted against a

Forbes (R-VA) amendment to H.R. 2638, the Fiscal Year 2008 Homeland Security
Appropriations bill.

The Forbes amendment would have barred the use of funds by the Department of
Homeland Security to extend the designation for temporary protected status (TPS) for
any country beyond the original time period to which the designation applies.

The House rejected the amendment by a vote of 123-298 13

4. Employment of and Rental of Housing to Undocumented Aliens. Then-Representative

Gillibrand voted against a Lewis (R-CA) motion to recommit H.R. 3161, the Fiscal Year
2008 Agriculture Appropriations Bill, to the Appropriations Committee with instructions.

11
House Roll Call No. 476, June 15, 2007
12
House Roll Call No. 486, June 15, 2007
13
House Roll Call No. 487, June 15, 2007

7
Immigration Profile of Senator Kirsten E. Gillibrand (D-NY) (continued)
January 28, 2009

The instructions in the Lewis motion was that the Committee report the bill promptly
back to the House with language prohibiting the use of funds in the bill to employ illegal
immigrants or to provide rental housing assistance to an illegal immigrant not qualified to
receive such assistance.

On this vote, Representative Gillibrand was one of five Members who initially voted in
FAVOR of the motion (which would have been a vote AGAINST the pro-immigrant
advocacy community’s position. However, when it became obvious that the vote would
be very close, she joined the other four Members in switching her vote and voted
AGAINST the motion to recommit.

The House rejected the motion by a vote of 212-216. 14

14
House Roll Call No. 814, August 2, 2007