From 2015, migratory pressures put a heavy burden on EU countries. In 2015, Hungary took a new approach by building a border fence and creating criminal legal rules to protect it. This study aims to assess these measures in the EU sphere. Our research was based on EU (FRONTEX) and national (Prosecutor General’s Office information) data and assessed the Hungarian solution in the light of the migration policy of other Member States located along the main migratory routes. The data show: (1) the criminal law has no substantive effect, and (2) the law enforcement tools are effective. Moreover, the domestic data also show that Hungary is not consistent in its policy and has preferred law enforcement tools to criminal legal tools in the past few years, which violates the basic principles of criminal law: the principle of legality and the principle of ultima ratio.