Check out this new Stanford law review article on mandatory detentions under the Patriot Act:

As the USA Patriot Act went into effect, several hundred immigrants remained in government detention under a separate emergency order allowing them to be held without charge for an extended period. The lengthy detention of so many aliens, few of whom were suspected of involvement in the terrorist attacks, generated concern that efforts to protect national security in the wake of September 11 had infringed on the constitutional rights of noncitizens.

....This Note argues that the USA Patriot Act's provisions for certification and mandatory detention contravene the Fifth Amendment's guarantee of due process of law. By denying noncitizens the opportunity for meaningful review of the certification decision, and by authorizing the detention of aliens on substantively inadequate grounds, the USA Patriot Act raises serious constitutional concerns under both the procedural and substantive prongs of the Due Process Clause."

[thanks to Lisa at Ruminate This and Al-Muhajabah at Veiled 4Allah for the link]