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

The Argentine decree, issued in May of last year, stated that Trump’s mass deportations of undocumented migrants could cause a “new risk” for Argentina because a large portion of those deportees could “settle or try to settle” in the country, potentially creating an “impact on the economy and essential services,” since public health and education were free for all residents.

The decree also transferred the authority to grant Argentine citizenship from the federal judiciary to the National Immigration Directorate (DNM, in Spanish). Following Wednesday’s ruling, that power will revert to the courts.

In November, the DNM was transferred from the Interior Ministry to the Security Ministry, reinforcing the Milei administration’s increasingly security-focused approach to migration.

The electoral chamber also found that Milei’s “decree of necessity and urgency” did not meet the constitutional requirements for such a measure, arguing that it sought to permanently amend citizenship rules without congressional approval.

The ruling

The judicial decision stemmed from a case involving Liping Yang, a Chinese national who appealed after a federal judge in Entre Ríos rejected his application for Argentine citizenship.

The lower court ruled against Yang because he was in an irregular migratory situation and subject to a deportation order issued by the national government, although it had not yet been enforced.

The National Electoral Chamber found that access to Argentine citizenship is “intrinsically linked” to the acquisition of political and voting rights, making it a matter beyond the executive branch’s constitutional authority.

The judges also noted that Yang has lived in Argentina continuously for more than two years, has no criminal record, and is well integrated into the community of Oro Verde, a town in Entre Ríos where he lives with his family and runs a shop.

Before Milei’s decree, the main requirement for naturalization was two years of continuous legal residence in Argentina. The decree added a new requirement that applicants demonstrate they had made a “relevant investment” in the country, regardless of how long they had lived there.

The chamber overturned the lower court’s decision rejecting Yang’s application and reaffirmed that the federal judiciary — not the executive branch — has the authority to grant Argentine citizenship.

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