Milei's Migration Decree: Harsh Criticism Over Possible Unconstitutionality

The Decree of Necessity and Urgency (DNU) 681/2026, through which the Government modified the Migration Law to tighten the grounds for expulsion of foreigners, has faced scrutiny from specialists in constitutional law, who mainly criticized the use of this tool by the Executive Power.

One of the first to speak out was constitutional lawyer Andrés Gil Domínguez, who argued that the reform "overrides the National Congress" as it was carried out through a DNU without the conditions provided by the National Constitution.

"Once again, the migration law is reformed by DNU overriding the National Congress without the enabling grounds provided by the Constitution. This time with a cause typical of Maduro's Venezuela," the lawyer wrote on his X account.

He also raised a critique regarding the scope of the new provision, pointing out that "the paradox is that with this regulation, Javier Milei could not re-enter Brazil or Spain due to his 'hate speech'," referring to the diplomatic clashes the President had with leaders of those countries.

In the same vein, constitutional lawyer Félix Lonigro questioned the instrument chosen by the Government to modify migration legislation. "What is very questionable is the instrument. The President, to be able to intervene in this matter, needs to have exceptional circumstances that prevent him from sending a bill to Congress and waiting for its approval. The President does not want to wait for all that, and thus exercises legislative power. That is unconstitutional due to the absence of exceptional circumstances," he stated in comments to Clarín.

However, Lonigro differentiated the mechanism used from the content of the norm. In his view, the incorporation of a cause to revoke the residency of foreigners who attack the Argentine people or desecrate national symbols is, in general terms, "logical" and "appropriate".

Nevertheless, he warned that the application of that sanction presents another constitutional problem: the decision is left in the hands of the National Migration Directorate, an agency dependent on the Executive Power.

"It should be a judge who evaluates whether that anti-Argentine offense occurred or not," the constitutionalist argued, considering that a measure of that nature requires judicial oversight to guarantee due process.

Thus, the criticisms from both constitutionalists target the use of the DNU to modify a law, as they believe the Government did not justify the existence of exceptional circumstances that prevented debate in the Congress.

The UCR labeled Javier Milei's migration DNU as "unconstitutional" and called on Congress to reject it.

The president of the Civic Radical Union (UCR), Leonel Chiarella, harshly criticized the Decree of Necessity and Urgency (DNU) signed by President Javier Milei, which adds new grounds to prevent entry into the country or enable the deportation of foreign citizens who express hate messages about Argentina.

Chiarella stated that the decree modifying the Migration Law "is unconstitutional" as "there is neither necessity nor urgency". For this reason, he expressed that the National Congress "must explicitly reject it".

The measure, formalized through Decree 681/2026 and published in the Official Bulletin, was communicated by the President's Office through a message arguing that the decision responds to a recent "anti-Argentine campaign" that transcended the sports realm after the 2026 World Cup and had repercussions in international politics.

According to the Government, the defense of the Nation, its citizens, and national symbols constitutes an "non-negotiable" principle. In this context, the official statement included a definition attributed to the president: "Whoever attacks the Argentine Republic is not welcome in our country".

The norm establishes that those who have directed hate messages, whether orally or in writing, or have incited violence against the Argentine people or against an Argentine citizen for reasons of nationality may be subject to the prohibition of entry or expulsion. It also includes those who have committed, participated in, or promoted acts of desecration against national symbols.

The head of the national UCR criticized the Nation's decision, stating that it goes against the historical stance of the country. "Argentina is a country that became great when it opened its arms to our grandparents who came from different countries to develop our Nation," he said in a post on his social media.

This content is provided for general informational purposes only and doesn't constitute financial, investment, legal, or tax advice. Any events, rewards, online promotions, or related information mentioned herein should not be considered a recommendation, solicitation, or invitation to purchase, sell, trade, or otherwise deal in any crypto assets. Crypto assets are highly volatile and may result in loss. The availability of WEEX services, products, and related events may vary by region. You are responsible for ensuring that your participation is in accordance with applicable local laws and regulations.