The point is moot as far as they are concerned. Once they become citizens, then can they enjoy the rights.
After the misappropriately named Patriot Legislation, apparently even Americans don't have these rights. Read the Constitution - especially the 4th Ammendment and tell me the govt hasn't gutted it.
Problem is, although you are morally and ethically correct, you are legally wrong. If anyone is in USA, they get constitutional guarantees, citizen or not: USSC long tme ago.
However, two can play same game. Rights under military tribunal are severely restricted. This also does not just apply to citizens or non citizens, but to all
If you can't get them one way, do it the other way!