The recent Syrian crisis and the following increase in migratory fluxes have put many European welfare states under pressure. At least initially Sweden has been one of the most generous European recipient of migrants, confirming its world-image as a safe harbor for “people in need” around the globe. However, due to factors of internal and international politics, the Swedish law-makers have soon turned towards a more restrictive approach to migration in order “to preserve the Swedish welfare state.” Particularly this turn has been achieved by producing several legislative provisions enlarging the discretionary power of the public agencies. This paper will address the issue of which legislative policy model is best in order to face such crisis. By looking at the Swedish example, this paper suggests that the right model of legislative policy is the one that moves the legislative law-making process closer to the judicial system.