Though a May 23, 2022 District of Columbia Circuit Court of Appeals ruling prohibited CBP personnel from using Title 42 to expel asylum-seeking families to places where they will be persecuted or tortured (original link), the practice continues.
The Nogales, Arizona-based Kino Border Initiative (KBI) reported the case of a Guatemalan family that was separated in Border Patrol custody after being denied a chance to ask for asylum:
Maribel [name changed to protect privacy], her husband and their 6-month-old baby fled Guatemala and presented themselves to Border Patrol near Sasabe, AZ to request asylum. The BP agent told them they would have a chance to ask for asylum later, but they were never given an opportunity to explain their situation. Instead, they were transported to Tucson, where they separated Maribel and her child from her husband, putting them in different buses to expel them to Mexico. The men’s bus arrived in Nogales first, and the non-Mexicans were detained by Mexico’s INM, to be transferred to their immigration station in Hermosillo. When Maribel arrived, she was told they could not transport her to Hermosillo, as her baby was sick. Maribel has not heard from her husband since. Maribel’s expulsion under Title 42 led to family separation by Mexican authorities, putting her in a more vulnerable situation and creating repeated human rights violations.
— “July 21 update from KBI” (Nogales: Kino Border Initiative, July 21, 2022).