Once they set foot on US soil the rules change. Under the Constitution, they must be treated differently than they are now. Prosecuting all detainees in federal courts raises many problems. Evidence gathered through military interrogation or from intelligence sources might be thrown out. Defendants would have the right to confront witnesses; that means undercover CIA officers or terrorist turncoats might have to take the stand, jeopardize their covers and reveal classified intelligence tactics.
What a frakin legal mess.