alt Hacker NewsYou 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.
Kavanaugh's concurrence does not "expand" reasonable suspicion. It explains that a combination of factors including "apparent race or ethnicity" may cause reasonable suspicion. Which, in fact, as a basic matter of probabilistic reasoning, given the other information in https://www.supremecourt.gov/opinions/24pdf/25a169_5h25.pdf, it might.
And an important part of the decision is that (emphasis his):
> Plaintiffs’ standing theory is especially deficient in this case because immigration officers also use their experience to stop suspected illegal immigrants based on a variety of factors. So even if the Government had a policy of making stops based on the factors prohibited by the District Court, immigration officers might not rely only on those factors if and when they stop plaintiffs in the future.
and to affirm existing understanding of reasonable suspicion:
> Reasonable suspicion is a lesser requirement than probable cause and “considerably short” of the preponderance of the evidence standard. Arvizu, 534 U. S., at 274. Whether an officer has reasonable suspicion depends on the totality of the circumstances. Brignoni-Ponce, 422 U. S., at 885, n. 10; Arvizu, 534 U. S., at 273. Here, those circumstances include: that there is an extremely high number and percentage of illegal immigrants in the Los Angeles area; that those individuals tend to gather in certain locations to seek daily work; that those individuals often work in certain kinds of jobs, such as day labor, landscaping, agriculture, and construction, that do not require paperwork and are therefore especially attractive to illegal immigrants; and that many of those illegally in the Los Angeles area come from Mexico or Central America and do not speak much English. Cf. Brignoni-Ponce, 422 U. S., at 884–885 (listing “[a]ny number of factors” that contribute to reasonable suspicion of illegal presence).
(In other words, he clearly lays out the reasons why such a "combination of factors" may create reasonable suspicion, per precedent.)
As for Kavanaugh "realizing" any such thing, I can't fathom why you think so. This is the same guy who has been very visibly protested by activists of a similar stripe from the beginning.