SCOTUS has deemed Kavanaugh stops to be legal, i.e. you can be stopped on the basis of your apparent ethnicity alone
You can be stopped on reasonable suspicion, which Kavanaugh expanded (and he seems to have immediately realized his name is permanently besmirched).
But they definitely cannot arrest people based on reasonable suspicion. Anyone speaking on behalf of DHS should know the difference.
Why people act surprised that an institution that was literally made to uphold the interests of the elite and is extremely undemocratic continues to act undemocratic?
You have to stop thinking these institutions are worth protecting when they have been the impediment to any progress this country has made.
Kavanaugh's concurrence (https://www.supremecourt.gov/opinions/24pdf/25a169_5h25.pdf) literally says the opposite:
> To be clear, apparent ethnicity alone cannot furnish reasonable suspicion; under this Court’s case law regarding immigration stops, however, it can be a “relevant factor” when considered along with other salient factors. Id., at 887.