The National Electoral Chamber has struck down a decree issued by President Javier Milei that tightened the requirements for obtaining Argentine citizenship and restricted migrants’ access to free public healthcare and education.
In a ruling issued on Wednesday, the court declared the 2025 decree unconstitutional, arguing that it regulated access to Argentine citizenship — a matter linked to electoral rights that falls under Congress’ exclusive authority, not that of the executive branch.
The judges noted that foreign nationals who acquire Argentine citizenship gain the right to vote, meaning the decree affected constitutionally protected political rights.
The decision came on the same week the United States Supreme Court of Justice issued a ruling upholding birthright citizenship for children born in the U.S. from parents living illegally in the country, which had been previously eliminated by an executive order from President Donald Trump.
Milei’s migration decree
