IF someone is actually captured in the middle of an 'act' on our soil, then I think it's obvious that they're going to go through court proceedings somehow. These types make the discussion about illegal immigration moot because they often are legally in the country. And therefore, entitled to certain rights. So, over here, yes.
'Over here' wouldn't meet the legal definition of 'enemy combatant' anyways, because they're not in uniform, and they are detached from any formal command structure, etc. Now overseas? No, we don't need lawyers in every FOB (I'm sure there are some, but hopefully they're not lawyering too much!) Let's not tie any more strings to our troops over there.