That's really the problem right there, isn't it? If you're dealing with people who will never be charged with crimes, will never be put on trial, and will never be released, then what the hell was the point of apprehending them at all?
This is where the leftist lawyers who represent this sort of client really have a point.
The prisoners are not criminals, they are prisoners of war. They are battlefield enemies that must be removed from the battlefield so long as the war is in process.
Since the war will likely never end, the detention of the battlefield prisoners will never end so long as they are alive
The wackos that are the Obama administration believe there is no such thing as war any more and that lawyers are superior to warriors and must resolve the issue by making languages changes such as you have picked up calling the detained criminals rather than warriors.
Prisoners of war are held until the end of hostilities.
As soon as islam surrenders, they can be released.