I understand this to be the case as well, which is why the ACLU is merely requesting information to ensure that the government is observing the constitutional rights of those interviewed. All we have is the government's assertion that the interviews are "voluntary." With this lawsuit, perhaps we'll get the whole story. I don't have a problem, of course, with the government voluntarily interviewing people, but far too often, those "voluntary" interviews are not voluntary at all.
The Bill of Rights applies to US Citizens ONLY.
I take issue with this assertion. The Constitution carefully distinguishes the rights available to citizens and those rights available to all people. For instance:
Art. IV, Sec. 2, Cl. 1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
Compare: Art. IV, Sec. 2, Cl. 2: A Person charged in any State with Treason, Felony, or other Crime...
And the Amendments:
Amend. V: No person shall be held to answer for a capital, or otherwise infamous crime...
Amend. VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial...(note that it doesn't say in prosecutions of Citizens)
Compare: Amend XIX: The right of citizens of the United States to vote shall not be denied or abridged...
Amend XV: The right of citizens of the United States to vote shall not be denied or abridged...
Indeed, look no further than the Boston "Massacre." Adams--one of the most ardent and outspoken Founders on declaring independence from Britain, demanded that the British soldiers receive a fair trial--by jury. Adams defended the soldiers and won acquittal for six of the eight. Adams quote on the subject: "The part I took procured me anxiety enough. It was, however, one of the most gallant, generous, manly and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country."