Central American migrants detained by U.S. Customs and Border Patrol agents on the border between El Paso, Texas. Photo: Herika Martinez/AFP/Getty Images

The San Francisco-based Ninth U.S. Circuit Court of Appeals on Tuesday ruled that the Trump administration can, at least for now, continue to enforce its policy that requires some asylum seekers to wait in Mexico while their cases are being processed.

Why it matters: This is a significant victory for the administration, whose immigration policies have been facing constant legal challenges as it grapples with the surge of migrant families coming across the border. A federal judge last month blocked the "remain in Mexico" policy while it has been challenged in court. Tuesday's ruling means that the government can continue the policy while it appeals the April 8th ruling and the court considers broader issues in the case.

Details: The policy is being challenged by 11 asylum seekers from Central America and legal advocacy groups, including the American Civil Liberties Union.

  • The ACLU said in a statement:
"Asylum seekers are being put at serious risk of harm every day that the forced return policy continues. Notably, two of the three judges that heard this request found that there are serious legal problems with what the government is doing, so there is good reason to believe that ultimately this policy will be put to a halt."

What they're saying: Judge Diarmuid O'Scannlain, an appointee of former President Reagan, said the government will likely succeed.

  • He said the Department of Homeland Security could "suffer irreparable harm" if the court halts one of the "few congressionally authorized measures available to process the approximately 2,000 migrants who are currently arriving at the nation’s southern border on a daily basis."

The other two judges, appointed by Democratic presidents, voted to allow the policy to stay in effect. But they raised concerns about it.

Go deeper: Reality check: How the U.S. asylum process works

Go deeper

Appeals court upholds six-day extension for counting Wisconsin ballots

Photo: Derek R. Henkle/AFP via Getty Images

A federal appeals court on Tuesday upheld a lower court ruling that extended the deadline for counting mail-in ballots in Wisconsin until Nov. 9 as long as they are postmarked by the Nov. 3 election, AP reports.

Why it matters: It's a big win for Democrats that also means that the winner of Wisconsin, a key presidential swing state, may not be known for six days after the election. Republicans are likely to appeal the ruling to the Supreme Court, as the Pennsylvania GOP did after a similar ruling on Monday.

Go deeper: How the Supreme Court could decide the election

Updated 31 mins ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 7 p.m. ET: 33,489,205 — Total deaths: 1,004,278 — Total recoveries: 23,243,613Map.
  2. U.S.: Total confirmed cases as of 7 p.m ET: 7,183,367 — Total deaths: 205,883 — Total recoveries: 2,794,608 — Total tests: 102,342,416Map.
  3. Health: Americans won't take Trump's word on the vaccine, Axios-Ipsos poll finds.
  4. States: NYC's coronavirus positivity rate spikes to highest since June.
  5. Sports: Tennessee Titans close facility amid NFL's first coronavirus outbreak.
  6. World: U.K. beats previous record for new coronavirus cases.
  7. Work: United States of burnout — Asian American unemployment spikes amid pandemic

What to watch in tonight's debate

Joe Biden (left) and President Trump (right) are facing off in Cleveland for the first presidential debate. Photos: Alex Wong (of Biden) and David Hume Kennerly (of Trump)/Getty Images

President Trump will try to break Joe Biden's composure by going after his son Hunter and other family members in tonight's first presidential debate — a campaign source tells Axios "nothing will be off the table" — while Biden plans to stick to the economy, coronavirus and new revelations about how Trump avoided paying taxes.

Driving the news: Biden and Trump are set to debate at 9pm ET at Case Western Reserve University in Cleveland, and it will be moderated by Fox News' Chris Wallace.