This is bullshit and you are smarter than this.
NATIONALITY is an unavoidable criterion when it comes to immigration.
In some countries, ethnicity and nationality overlap very heavily, but they do not here.
In the United States of America, our nationality encompasses all ethnicities. No American should be detained and questioned on the basis of their ethnicity. None. Zero.
All Americans should be equally safe before the law, even administrative applications of the law, regardless of the color of skin suit we wear.
It's falsely equating two unequal things, providing cover for those that would use it as a weapon to hurt our fellow American citizens.
This type of "legal analysis" should go the way of the dodo, because the law is extinct.
The system you constantly champion has been destroyed by an asteroid of lies and bad faith arguments. The asteroid has already hit, the country is on fire and the last glimpses of the sun are disappearing behind the gathering dust storm.
You seem like a decent dude, but you are becoming a fossil, intent on living in a past that has already been destroyed, and this type of "legal analysis" provides cover to the asteroid that did it. Keep doing that and you'll only get more and more asteroids.
Nuclear winter is here. If you ever want to see the sun again, adapt.