The issue of immigration has become central in the European political debate. In spite of the structural and irreversible character of migration, the most involved landing countries continue to oppose a securitarian and emergency approach, through adopting containment policies implemented into highly repressive legal regulations. The aim of the article is to show how the emergency approach to the migration phenomenon contradicts the spirit of international law and hinders the fulfilment of the provisions enshrined in the UN and Council of Europe Conventions on the elimination of gender discrimination and sexual and gender-based violence. The issue of sexual and gender-based violence in migration is treated not as a drama to be prevented, but as a confirmation of the need to keep foreigners away from our borders.