Inmigrantes, extranos a la comunidad, enemigos. Ida y vuelta en la respuesta del derecho a la inmigracion

European Union immigration policies are increasingly intent on constructing the notion of the desirable immigrant on the basis of cultural difference, in a sort of differentially-based racism. The legal tools that support these policies justify this discriminatory approach on the basis of the argument that a given cultural difference (linked to the Arabic and/or Islamic community) is a premise for legal and political incompatibility. In this context, it is striking that use is made of the notion of "criminal law of the enemy" (including the "criminal law of war"), whose roots derive from the Nazi theory of the Gemeinschaftsfremde.