Considering that US federal court can summon non-citizens under the Alien Tort Claims Act, non-citizen should be allowed to sue USA government as well. Till early this year, it used to even be possible for foreigners to bring suits in U.S. courts against other foreigners, for human rights violations in foreign countries: http://www.slate.com/articles/news_and_politics/view_from_ch...

This was in the news last week itself: http://news.oneindia.in/international/us-federal-court-summo...