(CNN) A federal appeals court is allowing the Trump administration to continue returning some asylum seekers to Mexico for the duration of their immigration hearings, for now.

The 9th US Circuit Court of Appeals ruled that the administration can enforce the policy informally known as "Remain in Mexico" pending appeal. The judges, though split on some issues, list a number of factors that went into the decision, including risk of injury in Mexico and negotiations between the US and Mexico.

"The plaintiffs fear substantial injury upon return to Mexico, but the likelihood of harm is reduced somewhat by the Mexican government's commitment to honor its international law obligations and to grant humanitarian status and work permits to individuals returned" under the policy, the opinion reads.

"We are hesitant to disturb this compromise amid ongoing diplomatic negotiations between the United States and Mexico because, as we have explained, the preliminary injunction (at least in its present form) is unlikely to be sustained on appeal."

During oral arguments in late April , the three-judge panel -- made up of two judges appointed by Democratic presidents and one appointed by a Republican -- grappled with whether the policy should be allowed to continue, diving into technical matters and raising concerns about the process itself without providing much indication about where they stood on the policy overall.

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