This article explores and discusses the model of legislative policy adopted by Sweden in the wake of the 2015 migration crisis. In particular, it discusses the best legislative channel (or legislative policy model) to deal with the crisis. Using Sweden as an example, the article suggests that the model of legislative policy to be preferred is one which moves legislative law-making processes closer to the judicial system. Shifting law-making away from public agencies allows judicial bodies to develop a regulatory regime more protective of the fundamental rights of persons, in line with international and EU law. Section one presents an ideal-typology of three possible models of legislative policy, namely the administrative, the judicial, and the statutory legislative policy models. Section two outlines the administrative model chosen by Swedish law-makers, in building the legal regime of migration (also during the crisis). Finally, section three points out how, regardless of content, the modality chosen in the Swedish regulation suffers from serious drawback and how, instead, opting for a judicial legislative policy would have been a better solution.