The article intends, first, analyze critical current immigration policy in the light of recent legislation, typical and atypical, related to the European Union: in particular, we will attempt to highlight how the essential ratio underlying the legislation in question by which the eu decided to face what in effect has now assumed the features of a humanitarian emergency seems in fact marked by a defense matrix and consequently not welcoming to non-EU citizens. And this kind of European policy as regards freedom, security and Justice also seems, besides, to be confirmed by the Schengen Agreement, particularly as regards the provisions concerning the conditions for the recognition of refugee status and fundamentally contrasting with the provisions of the Geneva Convention of 1951 relating to condition finally called. In conclusion, it seems that the ultimate goal, also on topic, is represented however by constant strengthening of protection and the common market.