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Does Trump's latest migration clampdown contain a loophole? For Canadians, it might – CBC.ca

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News of the United States slamming its door shut on broad categories of foreign workers has unleashed bewilderment from the border to the boardrooms.

Immigration lawyers are now untangling what it means for Canadians.

Several said they spent the day Tuesday on group chats, seeking information from industry associations and contacting sources inside the U.S. government.

That’s because of the wording of an executive order announced Monday by President Donald Trump that suspends, at least for the rest of this year, vast categories of business and student-work visas.

Some believe it might affect thousands of Canadians and potentially disrupt their jobs, cross-border businesses and families.

Most think it contains a giant loophole for Canadians. At least for now.

Immigration lawyers in touch with U.S. border offices said agents expressed conflicting views and were awaiting instructions from Washington.

“It’s going to be a little chaotic for a while,” said Theresa Cardinal Brown, a former U.S. Homeland Security official and immigration expert once posted at the American embassy in Ottawa

“My guess is we won’t know for a little while [what this means], until [U.S. Customs and Border Protection] and [the Department of Homeland Security] issue their guidance.”

She offered this advice: If you’re a Canadian unsure whether this order applies to you, try contacting officials at whatever U.S. border checkpoint you intend to cross.

The fine print in Trump’s order

The potential Canadian loophole is in Section 3 of the order, which suspends the processing of popular work visas in the L, J and H-1B category.

That section says the visa ban only applies to people currently outside the U.S., who lack a valid visa or travel document. It so happens that most Canadians already have a valid travel document to the U.S.

It’s called a passport.

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Cases of COVID-19 are rising in the southern and western parts of the U.S. Experts say it’s a sign some states reopened too soon, and the situation could get much worse if changes aren’t made. 1:55

One immigration lawyer said that’s a distinction not shared by most citizens of other countries, who generally need a visa or visa waiver to enter the U.S.

“Canadian citizens are unique in the world,” said Danielle Rizzo, a partner at the Harris Beach law firm in Buffalo, N.Y., and former head of liaison between U.S. Customs and the American Immigration Lawyers Association.

“My take is [this order] does not apply to Canadian citizens but it’s not extremely straightforward. … I think it was probably an oversight [in the drafting of the order].”

Trump’s order constitutes a significant escalation of his immigration-curbing policies

He cast it as a measure to protect 525,000 U.S. jobs from foreign competition, amid a pandemic that has wiped out more than 18 million U.S. jobs.

An American ‘tragedy’

But to one former immigration official in the Obama White House, this is a heartbreaking moment in U.S. history.

“I think this is a tragedy,” said Doug Rand, who now runs a company, Boundless Immigration, that helps immigrants obtain U.S. residency and citizenship.

“And it’s a huge self-inflicted wound for this country — in terms of our values, our economy, and our ability to overcome this pandemic.”

He said that Trump has progressively chipped away at visa rules to make it more difficult to immigrate, and said it has caused one friend, a PhD in biomedical sciences, to move to Canada.

“Good job, Canada,” Rand said.

U.S. President Donald Trump speaks at the Dream City Church in Phoenix on Tuesday. (Carlos Barria/Reuters)

A Harvard business professor published a paper this spring warning that the U.S.’s out-of-date immigration system, which has not been reformed in decades, risks sapping the country of its great historical advantage in drawing top talent.

Trump has repeatedly said he wants to reform the system to prioritize skilled labour, like Canada’s points system

But there’s no sign of any such legislation passing Congress, and what Trump has mostly done instead is tighten existing policies by executive order, culminating in this week’s.

In crisis, some Canadians see opportunity

Now, as in any crisis, some see opportunity. 

Canadian tech companies are signalling their intention to recruit some of the workers now barred from the U.S. 

Canada had, before the pandemic struck, experienced a historic population boom, fuelled by foreign students and skilled workers. The OECD credited policies created by successive governments in Ottawa a role model.

One immigrant to Canada is now working to take advantage of Trump’s executive order.

Ilya Brotzky came to Canada from the Soviet Union when he was five, accompanying his mother, a horticultural engineer. 

He now runs VanHack, which has 32 employees, mostly in Canada, that has recruited 600 tech workers from India and South America on behalf of companies looking to expand Canadian operations.

Brotzky said he’s begun talking to colleagues about how to track down and recruit people who have been shut out of the U.S.

U.S. border agents are awaiting instructions from Washington. Different checkpoints are interpreting the rules for Canadians differently. Seen here is the Ambassador Bridge between Windsor, Ont., and Detroit in 2018. (Cole Burston/Bloomberg)

He said many of these people will be hired by the exact same companies and will work remotely outside the U.S. — and make money and pay taxes outside the U.S.

“These are highly skilled, coveted workers who have a lot to contribute,” said the Vancouver-based entrepreneur.

“I think it’ll hurt the U.S.”

One thing he wonders is whether Trump’s announcement was a mere election-year political stunt.

After all, during the pandemic, U.S. government offices are being shuttered and immigration applications have slowed to a trickle.

But Rizzo said companies are still moving people around.

What happens next?

She said she’s still processing L visa applications for Canadian intra-company transfers during this pandemic, and has reason to hope it will continue. 

What’s next, in light of Trump’s order? 

It depends who you ask. 

Cardinal Brown said she’s not sure Canadians get an exemption. The U.S. National Law Review called the Canadian situation unclear

And different cases might yield different results.

Rizzo said she received about 100 queries Wednesday and every situation is different. For example, she said, Canadian workers might be able to cross but not with a spouse who’s a non-Canadian.

Two Canadian-based lawyers specializing in U.S. immigration, Henry Chang at Dentons in Toronto and Andrea Vaitzner at Norton Rose Fulbright in Montreal, opined that the current wording of the order likely spares Canadians.

But both urged caution.

“It is too early to know with certainty whether [Trump’s order] will be applied in a manner that exempts Canadian citizens,” Chang wrote in an analysis.

“Hopefully, this issue will be clarified in the near future.”

Vaitzner said it would be a serious mistake for the U.S. to halt L-1 visas, used for transfers of executives between company offices.

“It would be a huge blow to businesses,” she said.

“[These executives] travel intermittently to the U.S. to do work at their company’s U.S. office or to visit [customers, suppliers and partners]. I do not understand how banning Canadian L-1  applicants from entering the U.S. would alleviate the unemployment rate in the U.S.”

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STD epidemic slows as new syphilis and gonorrhea cases fall in US

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NEW YORK (AP) — The U.S. syphilis epidemic slowed dramatically last year, gonorrhea cases fell and chlamydia cases remained below prepandemic levels, according to federal data released Tuesday.

The numbers represented some good news about sexually transmitted diseases, which experienced some alarming increases in past years due to declining condom use, inadequate sex education, and reduced testing and treatment when the COVID-19 pandemic hit.

Last year, cases of the most infectious stages of syphilis fell 10% from the year before — the first substantial decline in more than two decades. Gonorrhea cases dropped 7%, marking a second straight year of decline and bringing the number below what it was in 2019.

“I’m encouraged, and it’s been a long time since I felt that way” about the nation’s epidemic of sexually transmitted infections, said the CDC’s Dr. Jonathan Mermin. “Something is working.”

More than 2.4 million cases of syphilis, gonorrhea and chlamydia were diagnosed and reported last year — 1.6 million cases of chlamydia, 600,000 of gonorrhea, and more than 209,000 of syphilis.

Syphilis is a particular concern. For centuries, it was a common but feared infection that could deform the body and end in death. New cases plummeted in the U.S. starting in the 1940s when infection-fighting antibiotics became widely available, and they trended down for a half century after that. By 2002, however, cases began rising again, with men who have sex with other men being disproportionately affected.

The new report found cases of syphilis in their early, most infectious stages dropped 13% among gay and bisexual men. It was the first such drop since the agency began reporting data for that group in the mid-2000s.

However, there was a 12% increase in the rate of cases of unknown- or later-stage syphilis — a reflection of people infected years ago.

Cases of syphilis in newborns, passed on from infected mothers, also rose. There were nearly 4,000 cases, including 279 stillbirths and infant deaths.

“This means pregnant women are not being tested often enough,” said Dr. Jeffrey Klausner, a professor of medicine at the University of Southern California.

What caused some of the STD trends to improve? Several experts say one contributor is the growing use of an antibiotic as a “morning-after pill.” Studies have shown that taking doxycycline within 72 hours of unprotected sex cuts the risk of developing syphilis, gonorrhea and chlamydia.

In June, the CDC started recommending doxycycline as a morning-after pill, specifically for gay and bisexual men and transgender women who recently had an STD diagnosis. But health departments and organizations in some cities had been giving the pills to people for a couple years.

Some experts believe that the 2022 mpox outbreak — which mainly hit gay and bisexual men — may have had a lingering effect on sexual behavior in 2023, or at least on people’s willingness to get tested when strange sores appeared.

Another factor may have been an increase in the number of health workers testing people for infections, doing contact tracing and connecting people to treatment. Congress gave $1.2 billion to expand the workforce over five years, including $600 million to states, cities and territories that get STD prevention funding from CDC.

Last year had the “most activity with that funding throughout the U.S.,” said David Harvey, executive director of the National Coalition of STD Directors.

However, Congress ended the funds early as a part of last year’s debt ceiling deal, cutting off $400 million. Some people already have lost their jobs, said a spokeswoman for Harvey’s organization.

Still, Harvey said he had reasons for optimism, including the growing use of doxycycline and a push for at-home STD test kits.

Also, there are reasons to think the next presidential administration could get behind STD prevention. In 2019, then-President Donald Trump announced a campaign to “eliminate” the U.S. HIV epidemic by 2030. (Federal health officials later clarified that the actual goal was a huge reduction in new infections — fewer than 3,000 a year.)

There were nearly 32,000 new HIV infections in 2022, the CDC estimates. But a boost in public health funding for HIV could also also help bring down other sexually transmitted infections, experts said.

“When the government puts in resources, puts in money, we see declines in STDs,” Klausner said.

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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

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World’s largest active volcano Mauna Loa showed telltale warning signs before erupting in 2022

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WASHINGTON (AP) — Scientists can’t know precisely when a volcano is about to erupt, but they can sometimes pick up telltale signs.

That happened two years ago with the world’s largest active volcano. About two months before Mauna Loa spewed rivers of glowing orange molten lava, geologists detected small earthquakes nearby and other signs, and they warned residents on Hawaii‘s Big Island.

Now a study of the volcano’s lava confirms their timeline for when the molten rock below was on the move.

“Volcanoes are tricky because we don’t get to watch directly what’s happening inside – we have to look for other signs,” said Erik Klemetti Gonzalez, a volcano expert at Denison University, who was not involved in the study.

Upswelling ground and increased earthquake activity near the volcano resulted from magma rising from lower levels of Earth’s crust to fill chambers beneath the volcano, said Kendra Lynn, a research geologist at the Hawaiian Volcano Observatory and co-author of a new study in Nature Communications.

When pressure was high enough, the magma broke through brittle surface rock and became lava – and the eruption began in late November 2022. Later, researchers collected samples of volcanic rock for analysis.

The chemical makeup of certain crystals within the lava indicated that around 70 days before the eruption, large quantities of molten rock had moved from around 1.9 miles (3 kilometers) to 3 miles (5 kilometers) under the summit to a mile (2 kilometers) or less beneath, the study found. This matched the timeline the geologists had observed with other signs.

The last time Mauna Loa erupted was in 1984. Most of the U.S. volcanoes that scientists consider to be active are found in Hawaii, Alaska and the West Coast.

Worldwide, around 585 volcanoes are considered active.

Scientists can’t predict eruptions, but they can make a “forecast,” said Ben Andrews, who heads the global volcano program at the Smithsonian Institution and who was not involved in the study.

Andrews compared volcano forecasts to weather forecasts – informed “probabilities” that an event will occur. And better data about the past behavior of specific volcanos can help researchers finetune forecasts of future activity, experts say.

(asterisk)We can look for similar patterns in the future and expect that there’s a higher probability of conditions for an eruption happening,” said Klemetti Gonzalez.

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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

The Canadian Press. All rights reserved.

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Waymo’s robotaxis now open to anyone who wants a driverless ride in Los Angeles

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Waymo on Tuesday opened its robotaxi service to anyone who wants a ride around Los Angeles, marking another milestone in the evolution of self-driving car technology since the company began as a secret project at Google 15 years ago.

The expansion comes eight months after Waymo began offering rides in Los Angeles to a limited group of passengers chosen from a waiting list that had ballooned to more than 300,000 people. Now, anyone with the Waymo One smartphone app will be able to request a ride around an 80-square-mile (129-square-kilometer) territory spanning the second largest U.S. city.

After Waymo received approval from California regulators to charge for rides 15 months ago, the company initially chose to launch its operations in San Francisco before offering a limited service in Los Angeles.

Before deciding to compete against conventional ride-hailing pioneers Uber and Lyft in California, Waymo unleashed its robotaxis in Phoenix in 2020 and has been steadily extending the reach of its service in that Arizona city ever since.

Driverless rides are proving to be more than just a novelty. Waymo says it now transports more than 50,000 weekly passengers in its robotaxis, a volume of business numbers that helped the company recently raise $5.6 billion from its corporate parent Alphabet and a list of other investors that included venture capital firm Andreesen Horowitz and financial management firm T. Rowe Price.

“Our service has matured quickly and our riders are embracing the many benefits of fully autonomous driving,” Waymo co-CEO Tekedra Mawakana said in a blog post.

Despite its inroads, Waymo is still believed to be losing money. Although Alphabet doesn’t disclose Waymo’s financial results, the robotaxi is a major part of an “Other Bets” division that had suffered an operating loss of $3.3 billion through the first nine months of this year, down from a setback of $4.2 billion at the same time last year.

But Waymo has come a long way since Google began working on self-driving cars in 2009 as part of project “Chauffeur.” Since its 2016 spinoff from Google, Waymo has established itself as the clear leader in a robotaxi industry that’s getting more congested.

Electric auto pioneer Tesla is aiming to launch a rival “Cybercab” service by 2026, although its CEO Elon Musk said he hopes the company can get the required regulatory clearances to operate in Texas and California by next year.

Tesla’s projected timeline for competing against Waymo has been met with skepticism because Musk has made unfulfilled promises about the company’s self-driving car technology for nearly a decade.

Meanwhile, Waymo’s robotaxis have driven more than 20 million fully autonomous miles and provided more than 2 million rides to passengers without encountering a serious accident that resulted in its operations being sidelined.

That safety record is a stark contrast to one of its early rivals, Cruise, a robotaxi service owned by General Motors. Cruise’s California license was suspended last year after one of its driverless cars in San Francisco dragged a jaywalking pedestrian who had been struck by a different car driven by a human.

Cruise is now trying to rebound by joining forces with Uber to make some of its services available next year in U.S. cities that still haven’t been announced. But Waymo also has forged a similar alliance with Uber to dispatch its robotaxi in Atlanta and Austin, Texas next year.

Another robotaxi service, Amazon’s Zoox, is hoping to begin offering driverless rides to the general public in Las Vegas at some point next year before also launching in San Francisco.

The Canadian Press. All rights reserved.

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