We can use our laws to detain alleged terrorists. They can't use our laws to get undetained.

NYT:

A federal appeals court panel has ruled for the first time that prisoners at Guantánamo Bay, Cuba, are not entitled to due process, adopting a George W. Bush-era view of detainee rights that could affect the eventual trial of the men charged in the Sept. 11, 2001, attacks.

“The Due Process Clause may not be invoked by alien without property or presence in the sovereign territory of the United States,” Judge Rao wrote, a position also taken by Judge A. Raymond Randolph.

The reach of American courts extends throughout the world. The reach of America's rights before a court does not.