Should foreigners receive the due process protections that citizens do?
My opinion is no, that legal protections are to protect the security of Americans, not for those that seek to harm Americans (of course, an American citizen seeking to harm other citizens does deserve due process protection as a citizen).
This case also illustrates issues in treating terror as an anti-crime policy.
Albanese discusses the different models of policing, and the relationship to how local agencies define thier missions; he discusses thew watchman, legalistic, and service models and how they differ in their definitions of basic policing (2013, pp.190-191).
From my own perspective, keeping the community safe is the greatest priority in police work.
Albanese, J. (2013). Criminal Justice (5th ed.)[Vitabook ed.]. Boston, Ma. Pearson
In fact, the separation of overseas and domestic responsibilities between the CIA and FBI was based almost as much on a personal dispute between Hoover and Wild Bill Donovan and their respective bureaucratic empire building as it did on Constituional grounds.
Currently, we extend full due process protections to all persons within the U.S. This is due to a series of Supreme Court cases in the 1870/1880's regarding the 14th Amendment and Chinese railroad workers. The Supreme Court defined the 14th so that citizens' rights applied to all. This was, in my opinion, a mistake. The 14th was created in order to make freed slaves into citizens.
International Committee of the Red Cross (ICRC). (1949). Geneva Convention (III) relative to the Treatment of Prisoners of War. Retrieved May 16, 2015 from