Immigration changes: Health, Education, Deportation

[Caribbean Cool]

On the Health issue, one consideration many CABA Public hospitals require now DNI and residence in CABA.

they all do

 

[steveinbsas]

Based on the information in this article (dated today),..

https://www.infobae.com/politica/20...etra-chica-de-la-reforma-migratoria-de-milei/


...the decree will be signed on Wednesday.

I assume that's a week from today and it's terms/conditions will be implemented as soon as possible...m

As it didn't happen a week ago, today is the Wednesday that I thought that the new decree might be signe That was before Bajo_cero2 to indicated that it was "fake news" in the first place.

I just asked Google for the the latest available information on the new decree. Fortunately, there was nothing about the signing or implementation of the new decree, but there was a link to a 2021 article about the repeal of the decree of 2017:

End of a policy that never should have existed - CELS

We applaud the Executive Branch's decision to repeal DNU 70/2017, the implementation of which posed a clear setback for migrant rights in the country over the past four years. The annulment of this decree is a fundamental step towards equality, the right to migrate and towards the recognition of...

www.cels.org.ar

 

[Travis1177]

Hi my name is Travis.

This is my first post, but I think this is the best place for accurate advice/information. My situation is as follows...

I am currently in overstay status, and have overstayed and paid the fine without a problem in the past. My question pertains
to the new decree if people in overstay status should seek a lawyer now to help with residency or is it best to continue to pay
the fine when I leave in a few months. Then will I be allowed to reenter?

This being said I have no criminal record and have an income online. I also travel sometime for work, but would like to eventually stay in BA
so I think any advice would be very helpful.

Thanks for any advice.
-Travis

 

[steveinbsas]

My question pertains to the new decree...

Hi Travis. You can relax, at least for now

As Bajo_cero2 (an Argentine lawyer) previously indicated, the story about the new decree was "fake news" (aka: political propaganda spread during an election campaign).

PS: That being said, the stage may have just been set for sweeping changes regarding Argentine immigration in the future. I suggest you explore your options to regularize your status as well as consider staying out of the country six months of the year if temporary residency is not an option.

 

[Travis1177]

Hi Travis. You can relax, at least for now

As Bajo_cero2 (an Argentine lawyer) previously indicated, the story about the new decree was "fake news" (aka: political propaganda spread during an election campaign).

Hi Steveinbsas,

Thanks for the update. I appreciate the support.

 

[Mondongo]

Typical right wing bullshit; if you look at the government's own metrics, the prison population is 94% gente de un país con buena gente (Argentines), 4% from other neighboring countries + Peru, and a whopping 2% are real foreigners, i.e. non-latinos/people from 3rd countries for which there isn't a freedom of movement agreement. Of all the problems Argentina has, this isn't one of them.

As to the other points, well, good luck, and I'll expand on why:

No convicted foreigner will be allowed to enter the country: and how are you going to verify this? Is Argentina going to enter into data sharing provision with the 192 other UN member states? I doubt it, and Migraciones isn't known for being very efficient... this is akin to the US asking visa applicants if they're terrorists, obviously a terrorist is going to tell the truth, just like someone who is convicted of a crime is going to always answer honestly.

Transient, temporary, and irregular residents to pay for health services: Good luck with this; the constitution and the courts have already ruled that universal public healthcare, like education, is a right afforded to everyone within the territory of the Republic regardless of their migratory status.

"Libertarians" like Milei and Bullrich love to talk about "Ley y Orden" but they refuse to both practice what they preach, and understand or follow the laws of Argentina. They bitched about the Ks using DNUs for everything, and they're just as bad, and if you want to strip migratory rights and health care rights for people you can, but you must do so legally by changing both Argentina's migratory laws via Congress, and rewriting the constitution, not via DNU.

Bravo!

 

[SergioXarin]

Hi my name is Travis.

This is my first post, but I think this is the best place for accurate advice/information. My situation is as follows...

I am currently in overstay status, and have overstayed and paid the fine without a problem in the past. My question pertains
to the new decree if people in overstay status should seek a lawyer now to help with residency or is it best to continue to pay
the fine when I leave in a few months. Then will I be allowed to reenter?

This being said I have no criminal record and have an income online. I also travel sometime for work, but would like to eventually stay in BA
so I think any advice would be very helpful.

Thanks for any advice.
-Travis

Hello I am in the same position as you, currently overstay but I want to get some kind of residency. Earlier in this thread it says there is no path if you are currently overstayed but I don't know if this is correct? I am thinking of leaving Buenos Aires for say 6 months then return next year and apply for a student visa would this be a good idea if I want to live here long term ?

 

[nikad]

Immigrations changes now in effect

It is now official: https://www.infobae.com/politica/2025/05/29/el-gobierno-oficializo-la-reforma-migratoria-cuales-son-los-principales-puntos-del-decreto/ https://www.boletinoficial.gob.ar/detalleAviso/primera/326096/20250529

baexpats.org

 

[RichardAlem]

Bajo_cero2, this doesn't seem like "fake news" to me. And if adjudicating citizenship requests is now within the authority of Migraciones, I feel sorry for those having to deal with them as I must do in mid-September.

This is fake news. They just want to steal votes from Macrismo at Sunday’s election. They have spread the fake DNU 525/205 when the last decree is 325:View attachment 10415

Bajo_cero2, this doesn't look like fake news to me. Rather, it looks to be quite unpleasant news if Migraciones is indeed now the authority to grant citizenship. They are bad news from A-Z in my book.

Immigrations changes now in effect

It is now official: https://www.infobae.com/politica/2025/05/29/el-gobierno-oficializo-la-reforma-migratoria-cuales-son-los-principales-puntos-del-decreto/ https://www.boletinoficial.gob.ar/detalleAviso/primera/326096/20250529

baexpats.org

 

[Bajo_cero2]

Bajo_cero2, this doesn't seem like "fake news" to me. And if adjudicating citizenship requests is now within the authority of Migraciones, I feel sorry for those having to deal with them as I must do in mid-September.

Bajo_cero2, this doesn't look like fake news to me. Rather, it looks to be quite unpleasant news if Migraciones is indeed now the authority to grant citizenship. They are bad news from A-Z in my book.

Immigrations changes now in effect

It is now official: https://www.infobae.com/politica/2025/05/29/el-gobierno-oficializo-la-reforma-migratoria-cuales-son-los-principales-puntos-del-decreto/ https://www.boletinoficial.gob.ar/detalleAviso/primera/326096/20250529

baexpats.org

DNU 366/2026 was published yesterday while my assert was accurate a week ago.
My advice is to apply for citizenship at Federal Courts ASAP because it is possible if your lawyer knows how.

NEW DECREE 366/2025: changes in immigration legislation

Today, Decree 366/2025 came into effect, through which the President intends to reform the Immigration Law and the Citizenship Law, merging them under the auspices of the National Immigration Directorate. This is not just an immigration reform, but a transformation of a liberal republican and democratic state into a police, authoritarian, and totalitarian state.

In reality, this reform is nothing more than a resurrection of the regime of Law 14.354 of 1954, which was merely a watered-down translation of the German institutions of World War II, because, as a general rule, people do not know that the SS was nothing more than an uncontrolled immigration police.

To carry out a reform similar to Decree 366/2025, in 1949 they first delicately eliminated Article 20 of the Constitution, which prohibits the administrative regime with the right to appeal to immigration courts, and they also eliminated the clause of Article 15 of the Constitution, which prohibits the Slave Trade Law and makes the official who applies it criminally liable. The law on slave trade is nothing more than the forced application of the legal entry regime, 2 years of prior legal residence, citizenship, which is literally established by Decree 366/2025. Let us remember that this was also established more modestly by Decree 70/2017, and for that reason, I received more than 120 declarations of unconstitutionality .


After this preliminary introduction, let us analyze the Decree.

1. With Decree 70/2017, the National Immigration Directorate attempted to apply it retroactively to citizenship applicants, which resulted in more than 170 judicial declarations of non-retroactivity (non-applicability) and two prominent cases, where the first found that the National Immigration Directorate had committed fraud by attempting to deport a person who had applied for citizenship before a deportation order had been issued, while the second found that all actions of the National Immigration Directorate were invalid because the citizenship applicant was under the protection of the Federal Court. Therefore, the Decree establishes that the application is not retroactive. The doubtful cases are those who have already applied by e mail and have not yet been reviewed, but I believe they are not affected.

2. Decree 366/2025 establishes that from now on, the citizenship application is submitted to the National Immigration Directorate, but it cannot change Article 20 of the Constitution or Article 116, which establishes that this is the competence of the Federal Court, as the Supreme Court has established that Federal Law 48 states that the competence of the Federal Court is determined by the direct application of the Constitution in the citizenship application.

Decree 70/2017 contained a similar clause regarding appeals in administrative contentious matters against deportation orders, which stipulated that they should be appealed to the National Immigration Directorate, but this clause was systematically ignored by Federal Administrative Judges,who did not hesitate to accept the appeals filed directly before the Federal Administrative Chamber.

3. Decree 366/2025 establishes that to apply for citizenship it is necessary to have 2 years of continuous legal residence. Continuity is defined as the absence of leaving the country (THIS IS UNINTERRUPTED, CONTINUOUS MEANS YOU CAN TRAVEL). In effect, this means that you are under a kind of house arrest and therefore this decree regulates medieval slavery.

I think this is more appropriate for a criminal accusation with the president as the accused than for a claim of unconstitutionality. This decree is clearly unconstitutional because Article 20 of the Constitution uses the word "continuously" to refer to the inhabitant of Article 14 of the Constitution, who is a free person defined by the right to freedom of movement.

Secondly, legality is a consequence of the article "in accordance with the laws," which we find in Article 14 of the Constitution for citizens, but which is absent in Article 20 of the Constitution for foreigners, as it refers to the right of property of a home, which is the opposite of legality.

4. Article 75, section 12 of the Constitution establishes that only the National Congress can enact laws regarding citizenship, migration, criminal law, and criminal procedure, since combining the migration regime with that of citizenship in the National Directorate of Migrations revives the medieval regime of prisoners of war from enemy powers under surveillance, prohibited by the Geneva Convention, since, in addition to requiring the absence of distinctions, discrimination based on nationality in the visa regime requires the existence of an internal or international armed conflict of which Argentina is a part.

5. The Public Ministry began to politically support Decree 366/2025 by demanding proof of the bank receipt of the funds, and the Court of Appeals agreed with me that this is an act of racial, religious, and class discrimination, so the main reform of the decree is doomed to failure. Class discrimination is important to understand because having an Argentine child makes you part of the PROLETARIAN CLASS, living in Argentina for 2 years makes you part of the LANDLESS PREBAY CLASS, while a property visa is a medieval definition of the NOBLE CLASS, and citizenship through an investment of $500,000 makes you part of the UPPER CLASS, so the new Article 2 is born with a declaration of unconstitutionality on a silver platter.

6. It is not clear whether the DNU intends to abolish citizenship by maternity/paternity/marriage (despiteto what is stated in its considerations), since it is regulated by Decree 3213/84, which was not affected but could easily be abolished, but the truth is that Art. 21 The Federal Law 48 establishes that federal judges may directly apply international law when it is a just cause for release that grants the right to citizenship.
7. The modification of article 2, which provides for the introduction of citizenship by investment, clashes with the free citizenship provided for in article 10 of the Federal Law 346, which has not been amended, which prohibits the SALE OF FREEDOM, which is synonymous with CITIZENSHIP.
8. The provision on fraud of the new DNU specifically applies to Residence Certificates and single payers, which explains my reluctance to sign a legal affidavit instead of a private affidavit that contained much less information (a client was very angry because she said it was worthless paper), using a single payer and providing supporting evidence that the regulations do not require.
9. The DNU clause, which states that it does not apply retroactively, allows for the review of court rulings8 when it was applied before its entry into force.