Since Sept. 11, a lot of Arab and Muslim Americans have been scooped up by police agencies and held without charges, access to lawyers, or to family. Many of those in custody have no connections to terror groups, although many are acing minor immigration violations that should result in small fines and/or deportation after a fair hearing before a judge, with representation by an Attorney. It would appear that if you're a Muslim or Arab in the U.S., habeas corpus, doesn't apply.
It is imperative that the INS and DOJ produce these individuals, charge them or free them, and allow them access to legal counsel and their families. This is a big issue. Under the Constitution everyone within the borders of the United States and its possessions is guaranteed the same basic rights to a public trial, an attorney, juries, etc... nothing that the President does can change that. We must insist on this or we are no better than a banana republic with a nefarious dictator as President. This is about who we are.
Any claims that "this is war" and, therefore, different, need to be carefully examined.. Congress did not declare war, it approved the "use of force". Congress couldn't declare because there was no one to declare war on. The Taliban were not a government, and you can't declare war on a terrorist group. You can send soldiers and cops after them, but that doesn't make it a "war" according to even the Army's definition. Yes, almost three thousand people died at the WTC, and it is a horrible tragedy. It was not an attack by a foreign power, it was a criminal conspiracy. The sooner we come to terms with that, and reclaim our civil liberties, the better it is for everyone.