Legal Powers Are Expanded in Bush Plan
President Bush's authorization of secret military tribunals for noncitizens accused of terrorism and the systematic interviewing of 5,000 young Middle Eastern men in the country on temporary visas is well known. But broad new powers are also contained in more obscure provisions.

A recent rule change published without announcement in the Federal Register gives the government wide latitude to keep noncitizens in detention even when an immigration judge has ordered them freed.
And under new laws, the attorney general can detain for deportation any noncitizen who he has "reasonable grounds to believe" is "engaged in any activity that endangers the national security of the United States," according to a recent internal Immigration and Naturalization Service memorandum.

Critics have said that the administration's measures, taken together, amount to singling out people on the basis of nationality or ethnicity.

"We have decided to trade off the liberty of immigrants — particularly Arabs and Muslims — for the purported security of the majority," said David Cole, a law professor at Georgetown University who often represents detained foreigners.
http://www.nytimes.com/2001/11/25/politics/25LEGA.html?pagewanted=all