I'd say the facts gave the BP probable cause to be involved..... 1) They were engaged in an illegal activity. 2) They were obviously of the population demographic commonly associated with being illegal 'immigrants'. 3) They ran when confronted by the BP. Seems simple to me. But these various conflicting Goobermint agencies always have to make it more complex.
All it's going to do is increase federal hiring of translators for all agencies. Time for "English is the American language, for all purposes." Then it becomes prima facie evidence of none citizenship or green card status if you can't understand and speak to LEOs and other agencies that you have to deal with daily. ("English" does NOT include ebonics, if that isn't obvious.)