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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

Tech scrambles to derail inauguration threats

Illustration: Sarah Grillo/Axios

Tech companies are sharing more information with law enforcement in a frantic effort to prevent violence around the inauguration, after the government was caught flat-footed by the Capitol siege.

Between the lines: Tech knows it will be held accountable for any further violence that turns out to have been planned online if it doesn't act to stop it.

Dave Lawler, author of World
5 hours ago - World

Uganda's election: Museveni declared winner, Wine claims fraud

Wine rejected the official results of the election. Photo: Sumy Sadruni/AFP via Getty

Yoweri Museveni was declared the winner of a sixth presidential term on Saturday, with official results giving him 59% to 35% for Bobi Wine, the singer-turned-opposition leader.

Why it matters: This announcement was predictable, as the election was neither free nor fair and Museveni had no intention of surrendering power after 35 years. But Wine — who posed a strong challenged to Museveni, particularly in urban areas, and was beaten and arrested during the campaign — has said he will present evidence of fraud. The big question is whether he will mobilize mass resistance in the streets.

Off the Rails

Episode 1: A premeditated lie lit the fire

Photo illustration: Sarah Grillo/Axios. Photo: Chip Somodevilla/Getty Images

Beginning on election night 2020 and continuing through his final days in office, Donald Trump unraveled and dragged America with him, to the point that his followers sacked the U.S. Capitol with two weeks left in his term. Axios takes you inside the collapse of a president with a special series.

Episode 1: Trump’s refusal to believe the election results was premeditated. He had heard about the “red mirage” — the likelihood that early vote counts would tip more Republican than the final tallies — and he decided to exploit it.

"Jared, you call the Murdochs! Jason, you call Sammon and Hemmer!”