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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Wednesday, July 03, 2013

GOP, Dairy Farmers Clash Over Immigration

Wall Street Journal
By Kristina Peterson
July 2, 2013

WAUTOMA, Wis.—Brian Gerrits, who oversees two dairies that own more than 5,000 cows, is one of Wisconsin's many dairy farmers backing the immigration overhaul heading to the U.S. House.

Giving illegal immigrants the chance to become citizens would eliminate anxiety for farmers and workers—"it would take that monkey off our backs, and theirs," Mr. Gerrits said, while taking a break from mixing pancake batter at a Waushara County dairy breakfast attended by U.S. Rep. Tom Petri (R., Wis.).

Mr. Petri, however, isn't sure all his constituents are quite as eager. He would prefer to fix the legal immigration system before turning to the question of what to do with illegal immigrants living in the U.S.

"People are very worried that if we do a pathway to citizenship for the people who are [already] here prematurely, it will just increase the problem," he said.

A dramatic rewrite of U.S. immigration laws passed the Senate last week. Businesses backing the move are finding that the House GOP, usually a reliable partner, is proving fickle on this issue.

In Wisconsin, dairy farmers, one of the state's biggest business groups, are embracing a stance not shared by some Republican lawmakers and their skeptical constituents, providing a preview of the fray to come.

Dairy farmers present a powerful force pushing for an immigration overhaul. The industry's reliance on immigrant labor has deepened as milk producers have turned to nearly 24-hour milking cycles to boost productivity. Immigrant workers make up about 40% of hired labor on Wisconsin's dairy farms, according to a 2009 estimate from the University of Wisconsin at Madison.

Farmers say they can't find enough U.S. citizens to fill the shifts needed to milk cows three times a day, often with one overnight milking, every day of the year. The current agricultural visa system provides permits only for seasonal jobs.

"It's harder to find people who want to do that type of work," said Phil Dopp, who runs a 400-cow dairy farm with his son in the village of Wild Rose.

Mr. Dopp, who describes himself as politically conservative, said immigrants working on dairy farms benefit both the business and the local community because the year-round work allows them to put down roots. "A lot of them have been here for quite a few years and are real good, law-abiding citizens," he said.

The state's GOP delegation backs expanding the guest-worker programs. But many aren't in favor of the Senate package, which includes a way for illegal immigrants to gain citizenship. Democrats said they would support a broad immigration bill only if it includes such a measure for the roughly 11 million illegal immigrants in the U.S.

Rep. Jim Sensenbrenner (R., Wis.), said in an interview that business groups have "drunk the Kool-Aid" offered by supporters of a broad approach when they argue that a path to citizenship needs to be a part of a bill for it to pass. While citizenship isn't their top priority, many business groups are happy to include it if it enables a bill to gain approval.

Mr. Sensenbrenner said he opposes any form of citizenship or legalization for illegal immigrants. He said he would like to see the House pass individual bills strengthening enforcement of immigration laws, expanding guest-worker programs and offering temporary visas to illegal immigrants working here whose children are U.S. citizens.

"Paul is a very good friend of mine and I agree with him on a lot of things, but I don't agree with him on this one," Mr. Sensenbrenner told constituents in Sullivan.

In the lawmaker's district, nestled between Madison and Milwaukee, resident George Nimm, a self-described conservative who owns an upholstery business, said he doesn't buy the dairy industry's arguments. "It's a matter of cheap labor," he said.

Milking wages generally start around $10 per hour with benefits, according to the state's Dairy Business Association. Mr. Gerrits, chief executive officer of Breeze Dairy Group, said his company's more than 50 Hispanic employees, who mainly work in the "milking parlors," make $10 to $12 an hour. "It's not top wage, but it's not minimum wage," he said.

Wisconsin's GOP delegation is divided on the topic, with many bucking the direction led by former Republican vice-presidential candidate and fellow Wisconsinite Rep. Paul Ryan, who has backed a broad immigration overhaul. Mr. Ryan said in an interview his goal is to persuade people that a broad overhaul can establish enforceable laws and boost economic growth.

"The problem is it takes about seven to 10 sentences to explain what we're trying to do, when you can easily push a hot-button emotional issue with two sentences," he said.

The partisan clash has left business groups nervous that it could result in no bill, leaving the system unchanged.

Former dairy farmer and Poysippi resident Chuck Brewer, now a grain farmer, suggested a way to sway the minds of those opposing an immigration overhaul. "People who don't really want them [immigrants] here, I say, 'Buddy, you should go work on a farm for a week.' "

For more information, go to:  www.beverlyhillsimmigrationlaw.com

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