I believe that current rulings indicate US Constitutional rights do not apply to non-citizens outside US borders.
Quote:
Citing Yick Wo v. Hopkins, the Court, in the case of Wong Wing v. US, further applied the citizenship-blind nature of the Constitution to the 5th and 6th amendments, stating ". . . it must be concluded that all persons within the territory of the United States are entitled to the protection guaranteed by those amendments,
(Note "within the territory of the United States")
Quote:
Citing Yick Wo v. Hopkins, the Court, in the case of Wong Wing v. US, further applied the citizenship-blind nature of the Constitution to the 5th and 6th amendments, stating ". . . it must be concluded that all persons within the territory of the United States are entitled to the protection guaranteed by those amendments,
(Note "within the territory of the United States")
http://usgovinfo.about.com/od/rightsandfreedoms/a/illegalrig...