Why not charge them with treason?

Washington Post:
Case of suspected American ISIS fighter captured in Syria vexes U.S.

The United States faces immediate legal challenges if the suspect, an American citizen who is refusing to talk and demanding a lawyer, is not released and is detained without trial. The issue threatens to reignite court battles fought during the George W. Bush administration.
It looks like a prima facia case of treason.  It would then be up to the defendant to make his case that he had some other reason to be caught with the enemy.

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