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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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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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Coronavirus infections in Canada surpass 108,100 as global case count tops 13 million – Globalnews.ca

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The number of novel coronavirus case surpassed 108,100 on Monday, as worldwide infections topped 13 million.

Across the country, 366 new cases of COVID-19, and 12 additional deaths linked to the virus, were reported.

Ontario reported the most new cases of COVID-19 on Monday, with 116 new infections. The province also saw three additional deaths.

According to the province’s health authorities, 129 people have also recovered from the virus.

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So far, 1,712,315 people in Ontario have been tested for the novel coronavirus.

Meanwhile, in Quebec — the province hit hardest by the pandemic — 100 new infections were reported on Monday.

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According to provincial health authorities, one more person died.

So far, a total of 25,911 people have recovered from the virus in Quebec.

Saskatchewan reported 56 new cases of COVID-19 on Monday. The province has seen 15 coronavirus-related deaths since the pandemic began, and has tested more than 75,100 people.

So far, 766 people have recovered from the virus in Saskatchewan.






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Coronavirus: Toronto officials positive about remaining in stage 2 of provincial reopening plan


Coronavirus: Toronto officials positive about remaining in stage 2 of provincial reopening plan

Health authorities in Alberta reported 72 new cases of COVID-19 on Monday, and said one more person had died, bringing the total death toll to 161.

More than 540,100 people have been tested for the virus, and 7,989 people have recovered from infections

Health officials in B.C reported 62 new cases of COVID-19 in the province over the last 72 hours, and two deaths, both which occurred in long-term care.

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There were 21 cases from Friday to Saturday, 20 cases Saturday to Sunday, and 21 from Sunday to Monday.

[ Sign up for our Health IQ newsletter for the latest coronavirus updates ]

So far the province has conducted 219,601 tests, and 2,718 people have recovered from the virus.

Neither New Brunswick nor Nova Scotia reported new cases of COVID-19 on Monday.

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In New Brunswick, 46,489 people have been tested for the virus and 163 people have recovered from infections.

Two people have died from the novel coronavirus in New Brunswick since the beginning of the pandemic.

A total of 58,741 people have been tested for COVID-19 in Nova Scotia, and 1,000 people have recovered from the virus.

Manitoba reported no new cases of COVID-19 and no new deaths related to the virus on Monday.

So far the province has conducted 71,559 tests for the virus and 317 people have recovered from infections.






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Harm reduction advocates claim the coronavirus pandemic has caused a surge in drug overdoses in Montreal


Harm reduction advocates claim the coronavirus pandemic has caused a surge in drug overdoses in Montreal

Health officials in Prince Edward Island said one new case of COVID-19 had been confirmed, but reported no new deaths on Monday.

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Since the pandemic began, 14,810 tests have been conducted and 27 people have recovered from the virus on the island.

Newfoundland reported no new cases of COVID-19 on Monday marking three full days without a new infection.

The province has tested 20,583 people for the virus so far, and 258 have recovered from infections.

According to health authorities, a total of three people have died as a result of COVID-19.

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Neither the Northwest Territories or Nunavut reported new cases of COVID-19 on Monday.

So far, the Northwest Territories has not seen any COVID-19-related deaths, and has tested 2,859 people for the virus.

A total of five people have recovered from infections in the territory.






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B.C. health officials use contract tracing in Kelowna COVID-19 outbreak


B.C. health officials use contract tracing in Kelowna COVID-19 outbreak

Meanwhile, in Nunavut, 1,553 tests have been conducted.

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No new cases of COVID-19 or deaths related to the virus were reported in Yukon on Monday.

An update on the Territory’s website says 1,343 people have been tested for the virus, and 11 people have recovered.

Global cases top 13 million

The pandemic reached another grim milestone on Monday, with more than 13 million confirmed cases reported globally.

According to a tally from John Hopkins University, by 8 p.m. ET on Monday, 13,060,239 cases of COVID-19 had been confirmed around the world.

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COVID-19 cases have continued to increase in several places around the globe, including in the United States, which remained the epicentre of the virus on Monday.

The U.S. now has more than 3.3 million confirmed cases of COVID-19.






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Coronavirus: Trump says he has a ‘very good relationship’ with Dr. Fauci


Coronavirus: Trump says he has a ‘very good relationship’ with Dr. Fauci

Speaking to reporters outside Rideau Cottage in Ottawa on Monday, Prime Minister Justin Trudeau said the “complex” situation in the U.S. means there is still no firm timetable, at this time, for when the border will be reopened to non-essential travel.

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Since the novel coronavirus was first detected in Wuhan, China, in December it has claimed more than 570,776 lives.

The virus forced mass closures around the globe and devastated the world economy.

In the last several months, however, many countries — including Canada — have made steps to gradually reopen.

© 2020 Global News, a division of Corus Entertainment Inc.

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Where the jobs are: Some sectors rebounding faster as Canada emerges from lockdown – CTV News

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TORONTO —
Jobs lost during the early stages of the COVID-19 pandemic are coming back – but not all at once, and not in the same order they disappeared.

Statistics Canada reported July 10 that more than 950,000 jobs were added in the country in June. While only a small fraction of the three million or so positions that were lost as lockdowns were imposed in March and April, the number represents a record increase as those measures are lifted.

“There’s a lot of places that are still hiring amidst all the doom and gloom that we’ve been experiencing over the past few months,” Carolyn Levy, president of the technologies division of staffing and recruitment agency Randstad Canada, told CTVNews.ca on Monday via telephone from Calgary.

Breaking down the numbers by industry yields clues into where the first wave of rebound hiring is taking place. More than 20 per cent of the added jobs were classified as wholesale and retail trade – with 16 per cent in accommodation and food services, 12 per cent in health care and social assistance, and eight per cent apiece in construction and manufacturing.

This suggests that the retail and restaurant workers who were among the first to be let go when their establishments were ordered to close were also among the first to be hired back when limited activity was allowed to resume.

There is still a long way to go before those sectors can be back to normal, though. In food services alone, it is believed that 400,000 Canadian jobs eliminated during the pandemic have yet to return. Many businesses in the broader service sector say they do not expect to ever return to pre-pandemic staffing levels.

Also notable, StatCan found, is that there were more wholesale jobs in Canada in June than there were in February, before the pandemic hit. Levy chalked this increase up to the surge in online shopping, which has left companies needing extra staff in warehouses and other parts of the supply chain.

On manufacturing, Levy said the increase could be due to companies retooling their lines to produce personal protective equipment or other items suddenly in demand due to the pandemic.

EMPLOYERS RETHINKING OLD ROLES

For the nearly 2.5 million Canadians who remain unemployed, though, knowing where hiring has recently happened only paints part of the picture. More helpful is information about where hiring is happening now.

According to the federal government’s job bank, the most in-demand jobs right now are sales associates, administrative assistants and customer service representatives, followed by truck drivers, general farm workers and light-duty cleaners.

A popular website used by job-seekers to connect with employers is seeing similar patterns. Brendon Bernard, an economist with the Indeed Hiring Lab, wrote July 7 that retail and customer service jobs are among those that saw the biggest drop in new postings on Indeed earlier in the pandemic, and have since seen some of the biggest rebounds.

“Sectors narrowing the gap relatively quickly in recent weeks include ones featuring lower-paying positions, like retail, and customer service,” he wrote.

“Areas posting roles with many mid-wage jobs have also seen noticeable bounce-backs, like construction, as well as education and instruction.”

Levy said that some employers are also creating new roles as they look to respond to their customers’ needs during and after the pandemic. Opportunities created by this include more positions for financial advisers, she said, as well as an even greater demand for tech workers.

Postings on Indeed for higher-paying jobs have been slower to bounce back, Bernard said. Indeed has tracked two categories where new job postings have fallen off since early May – security and public safety, and aviation.

Bernard reported that the number of new job postings on Indeed as of July 3 was 21 per cent lower than it had been one year earlier. That gap had been as large as 70 per cent in mid-April. Smaller provinces, which have generally been less affected by COVID-19, have kept job posting levels closer to where they were in 2019 than larger provinces.

Levy said she is seeing employers increasingly show interest in hiring for temporary contract positions. This benefits them because it allows them to avoid making long-term commitments in an uncertain environment, she said, but can also be good for those looking for jobs because it gives them a chance to find work that they might not otherwise have.

“Companies have had to take a step back and start to reimagine how they have to work in this new normal,” she said.

“Businesses have to look at what do we need to do to reskill, what do we need to do to retrain, given the way we operated our business four months ago is not the way it’s going to be … from now on.”

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Talks to extend Canada-U.S. border closure "ongoing," Trudeau says after call with Trump – CTV News

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OTTAWA —
With just one week to go until the current Canada-U.S. border closure agreement expires, Prime Minister Justin Trudeau says border discussions with the U.S.  are “ongoing,” adding that he expects to have more to say later in the week.

This comes as Trudeau spoke to U.S. President Donald Trump on Monday morning, though the border was not among the range of topics the prime minister said the two world leaders discussed — despite the looming July 21 deadline.

“Every month we have been able to extend the border closures to all but essential goods and services and those discussions are ongoing with the United States right now as we are a week from the next deadline for closures,” Trudeau said.

“We’re going to continue to work hard to keep Canadians safe and to keep our economies flowing, we will have more to say later this week I’m sure.”

Canada has been under renewed pressure to reopen the shared border, despite surging COVID-19 case numbers in the United States. At the end of June, the U.S. became home to the world’s highest number of reported infections: more than 2.2 million. That number has since soared to more than 3.3 million, according to the New York Times, with more than 134,000 deaths.

Despite these figures, 29 bipartisan members of U.S. Congress penned an open letter to Public Safety Minister Bill Blair calling on the Canadian government to plan a phased reopening of the Canada-U.S. border and to consider easing existing measures.

“We are asking that the United States and Canada immediately craft a comprehensive framework for phased reopening of the border based on objective metrics and accounting for the varied circumstances across border regions,” read the letter, which was published on Western New York Congressman Brian Higgins’ website on July 3.

The members of Congress, who represent the northern states along the border, also implored the Canadian government to consider easing restrictions on family members and property owners impeded by the restrictions.

The Canadian government pushed back on the request, with Deputy Prime Minister Chrystia Freeland’s office telling CTVNews.ca in a statement that the health and safety of Canadians is “absolutely priority.”

“Decisions about Canada’s border are made by Canadians, for Canadians,” Freeland’s spokesperson Katherine Cuplinskas said  in the statement on Friday.

The suggestion was also unpopular with non-politician Canadians, who took to social media to express their staunch opposition.

In response to a tweet from Higgins, who had shared the open letter on his Twitter account, hundreds of Canadians slammed the suggestion.

“No thank you…clean up your backyard before you attempt to enter ours..sincerely Canada,” wrote a user who goes by the name @MichelletypoQ.

Another user, @rachelinTO, wrote that “most of our earliest cases came from the U.S. So……that’s a firm ‘no’. Sorry, eh.”

Users called the request “disastrous” and multiple accounts said they’d only be comfortable easing restrictions after seeing improvement in the number of COVID-19 cases in the U.S.

TRUMP, TRUDEAU DISCUSS TARIFF THREAT

While Trudeau did not give any indication in his press conference that he and Trump had touched on the border issue during their phone call on Monday, he did confirm that the two discussed a host of other issues — including China and the two detained Canadians, the Black Lives Matter movement, and the U.S. president’s renewed aluminium tariff threat.

“I impressed upon him that it would be a shame to see tariffs come in between our two countries at a time where we’re celebrating NAFTA , and at a time where we want our businesses and our manufacturers to get going as quickly as possible,” Trudeau said.

“We pledged to keep working on it together.”

Trudeau also said he told Trump that the pandemic had disrupted the usual supply chains and manufacturing processes, but that this disruption is slowly subsiding.

“That is starting to realign itself, given the economies are starting up again and manufacturing is getting going,” Trudeau said.

CTV News confirmed the possibility of the U.S. slapping another set of tariffs on Canada at the end of June. The tariffs would fall under Section 232 of the U.S. Trade Expansion Act, and the threat comes amid U.S. claims that their aluminum market is being flooded by Canadian product.

Two Canadian sources told CTV News at the time that the announcement is possible in the coming weeks, though to date no formal announcement of tariffs has transpired.

Should the U.S. decide to re-impose tariffs on Canada, it would reopen a trade rift between the two countries that had been healing since a spat just over a year ago, that saw the U.S. impose tariffs on steel and aluminum and Canada answer with tariffs on a wide array of U.S. products including quiche, mayonnaise, and toilet paper.

Trudeau has been outspoken in his defence of Canada’s aluminum industry, noting when the possibility of the U.S. imposing new tariffs emerged recently, that the U.S. “needs Canadian aluminum” and would only be hurting its own economy.

“Our economies are so interlinked that punitive actions by the United States administration end up hurting Americans the same way they end up hurting Canadians,” Trudeau said at the time.

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