Members of the socialist and communist parties have promised to bring the law before France’s constitutional council. Introducing tests for immigrants that French citizens are not required to take violates the principle of equality before the law, they say. But how, exactly, is equality violated? Traditionally this equality principle holds among citizens, not between citizens and non-citizens. To say otherwise is to suggest that immigration laws do not have the full force of law. Patrick Weil, an immigration expert at the Sorbonne, has criticised Mr Sarkozy’s immigration policies for attacking ‘people who aren’t delinquents, who are merely committing a breach with respect to their residence situation.’ There is a logic to this. Since many identities (racial, sexual) are more important to their holders than national identity, denying someone rights over a ‘mere’ question of citizenship looks like an archaism. But as soon as the distinction between citizens and non-citizens fades, rights do, too.