Emergency Decree (DNU) 366/2025, published in the Official Gazette on May 29, 2025, introduced substantial amendments to Law 25,871 on Migration, altering the regulatory framework governing the entry, stay, and departure of foreign nationals from the territory of the Argentine Republic. Issued by the National Executive Branch under Article 99, paragraph 3, of the National Constitution, the decree invoked reasons of public security, protection of the immigration order, and the need to adapt regulations to contemporary challenges in border control and migration management.
A DNU is not a law, but it has legislative substance. An Emergency Decree (Decreto de Necesidad y Urgencia) constitutes an exceptional exercise of legislative powers by the Executive Branch (Art. 99, Section 3, National Constitution). While it has the force of law from publication and directly amends the text of Law 25,871, it is subject to strict oversight: it must be submitted to the Bicameral Permanent Commission of Congress within ten (10) days, and may be rejected by both Chambers. It is also subject to judicial constitutional review. Until repealed or declared invalid, its provisions are fully operative.
Context and scope of DNU 366/2025
Law 25,871, enacted in 2003, represented a significant advancement in migration rights by expressly recognizing the right to migrate as an essential and inalienable human right (Art. 4). For over two decades, this law served as the comprehensive regulatory framework for the Argentine immigration system, supplemented by Regulatory Decree 616/2010 and internal provisions of the National Directorate of Migration (DNM).
DNU 366/2025 does not repeal Law 25,871 in its entirety but rather amends specific articles, expanding grounds for inadmissibility, tightening residency cancellation rules, reforming access to public services, and transferring citizenship jurisdiction from the Judiciary to the administrative sphere. The decree was grounded in the need to combat immigration irregularity, the improper use of public services, and the insufficiency of existing control mechanisms.
The right to migrate remains recognized as an essential human right. However, DNU 366/2025 significantly tightens the conditions under which that right may be exercised, expanding the immigration authority's powers of control and sanction.
New entry and stay impediments
Article 29 of Law 25,871, which establishes the grounds under which a foreigner may not be admitted or remain in Argentine territory, was substantially expanded by DNU 366/2025. The new impediments include:
- Inc. c) Conviction or criminal records for offenses carrying 3 or more years of imprisonment (any modality): an impediment arises when the foreigner has been convicted or has criminal records in Argentina or abroad for offenses carrying a prison sentence of three (3) or more years, under any sentencing modality. This subsection covers both final convictions and mere criminal records -- the existence of antecedents alone may suffice, without a conviction
- Inc. d) Conviction for offenses carrying less than 3 years of imprisonment (any modality): an impediment arises when the foreigner has been convicted of offenses carrying a prison sentence of less than three (3) years, under any sentencing modality. Unlike Inc. c), this subsection requires an actual conviction -- criminal records alone are not sufficient -- but the penalty threshold is lower
- Combined effect of Inc. c) and d): together, both subsections create a regime where virtually any criminal conviction can prevent entry into Argentine territory, regardless of the length of the sentence. For offenses carrying 3+ years, even criminal records without conviction suffice; for offenses carrying less than 3 years, a conviction is required but the threshold is minimal
- Entry through unauthorized crossings: crossing the border at a point not officially designated as a border crossing constitutes an autonomous impediment, regardless of the foreigner's nationality or reason for entry
- Evasion of immigration controls: any conduct aimed at evading, circumventing, or defeating immigration controls established at authorized entry points constitutes grounds for impediment
- Well-founded suspicion of false intent (sham tourism): when the immigration authority has sufficient grounds to presume that the foreigner declares an entry category — typically tourist — but the actual intention is to reside, work, or settle in the country. This ground grants the DNM discretionary assessment powers at the point of entry
- Membership in terrorist organizations: membership in, association with, or participation in organizations classified as terrorist by international bodies or Argentine law constitutes an absolute impediment
Sham tourism: this is one of the most practically significant grounds. It affects individuals who enter as tourists but with the intention of residing, working, or accessing public services. The DNM may deny entry at the airport or border crossing if it considers there are well-founded indications of this situation. Having documentation that demonstrates the genuine nature of the trip is essential.
Grounds for residency cancellation
Article 62 of Law 25,871, which governs grounds for residency cancellation, was amended to incorporate stricter provisions:
- Absence of 6 months (temporary residency): remaining outside Argentine territory for a period of six (6) months or more constitutes grounds for cancellation of temporary residency. The calculation is continuous, not cumulative
- Absence of 1 year (permanent residency): remaining outside Argentine territory for a period of one (1) year or more constitutes grounds for cancellation of permanent residency
- Documentary fraud: the submission of false, altered, or fraudulent documentation at any stage of the immigration process constitutes grounds for cancellation, without prejudice to applicable criminal proceedings
- Inc. b) Criminal conviction for any intentional crime (delito doloso) with prison penalty: a final conviction for any intentional crime (delito doloso) carrying a prison sentence constitutes grounds for residency cancellation, regardless of category and regardless of the duration of the sentence. Unlike the previous regime, which required a minimum sentence of three (3) years, DNU 366/2025 eliminates the threshold entirely: any conviction for an intentional crime with prison penalty triggers cancellation
The DNU establishes specific exceptions to the absence-based cancellation grounds. Absence is not counted when it is due to:
- Argentine public service: the exercise of official functions representing the Argentine State
- Activities of national interest: activities, studies, or research that, in the DNM's judgment, could be of interest or benefit to the Argentine Republic
- Express DNM authorization: prior authorization granted by the immigration authority, which may be processed through Argentine consular authorities abroad
Changes to healthcare and education access
DNU 366/2025 introduced modifications to the regime governing foreigners' access to healthcare and education services, differentiating by immigration category and the nature of the service:
Healthcare
- Medical emergencies: emergency care is guaranteed for all foreigners regardless of immigration status. This obligation remains unaltered in accordance with Argentina's international commitments
- Non-emergency services: to access non-urgent healthcare services, foreigners without permanent residency must demonstrate health insurance coverage or pay for services directly
- Permanent residents: maintain full access to the public healthcare system under the same conditions as Argentine citizens
Education
- Primary and secondary education: access to compulsory education is guaranteed for all foreigners, including those in irregular immigration status. This guarantee is consistent with Argentina's international commitments regarding children's rights
- University education: free public university education is reserved for Argentine citizens and permanent residents. Other foreigners — including temporary residents — may be charged by educational institutions. Each university will define its own fee policy
Important: the university modification does not prohibit studying but rather allows institutions to charge fees to those who are neither Argentine citizens nor permanent residents. Enrollment and coursework remain possible, subject to conditions established by each institution.
Reform of the citizenship system
DNU 366/2025 introduced structural changes to the system for obtaining Argentine citizenship by naturalization:
- Transfer of jurisdiction: the processing of citizenship by naturalization shifts from the Judiciary (federal courts) to the National Directorate of Migration. The DNM becomes the competent authority to receive, evaluate, and resolve citizenship applications
- Continuous residency requirement: a requirement of two (2) years of continuous and effective legal residence is established, without departures from Argentine territory during that period. This requirement is significantly stricter than the previous regime, which was more flexible regarding continuity
- Citizenship by investment: a pathway to citizenship linked to making significant investments in Argentine territory is created. Specific requirements and minimum amounts will be established by the decree's regulations
The transfer of citizenship jurisdiction from the Judiciary to the DNM constitutes a paradigm shift. The process ceases to be judicial and becomes administrative, with direct implications for timelines, available remedies, and applicant guarantees.
Procedural and enforcement changes
The DNU modifies the administrative and judicial procedures linked to the immigration regime:
- Simplified appeals: a more streamlined appeals system is established. Judicial appeals against DNM decisions are filed directly with the Federal Courts of Appeals, eliminating intermediate instances
- Accelerated timelines: deadlines for filing appeals and resolving procedures are significantly reduced, seeking greater speed in the execution of immigration decisions
- Preventive detention: the possibility of preventively detaining a foreigner when there is a certain risk of flight or non-compliance with an expulsion order is regulated. Detention has a maximum term of thirty (30) days, extendable once for an equal period
- Mandatory domicile: foreigners must establish and maintain three updated addresses: physical, legal, and electronic. Any change of address must be communicated to the DNM within three (3) business days. Failure to communicate may generate adverse procedural consequences
Transitional regime
DNU 366/2025 establishes a transitional regime governing the status of ongoing procedures at the time of its entry into force:
- Ongoing procedures: immigration proceedings initiated prior to the DNU's publication continue to be governed by the rules in force at the time of their initiation. This includes residency applications, renewals, and category changes
- Pending judicial citizenships: citizenship applications that were pending before federal courts at the time of the DNU's entry into force will be resolved by the court where they were filed. They are not transferred to the DNM
- Adaptation periods: the DNU's implementing regulations will establish the timeframes within which foreigners who already hold residency must adapt their situation to the new requirements, particularly regarding electronic domicile and health insurance
Practical implications for foreigners
DNU 366/2025 has direct consequences on the situation of foreigners who reside or plan to reside in Argentina. The main recommended actions are:
- Review your immigration status: verify that your residency is current, that the category is correct, and that there are no pending cancellation grounds
- Monitor absence periods: keep a precise record of departures from the country. Temporary residents must not exceed 6 months outside Argentina, and permanent residents must not exceed one year. If an extended absence is planned, request prior authorization from the DNM
- Verify health insurance coverage: foreigners without permanent residency must ensure they have current health insurance covering non-urgent services
- Keep your address updated: register physical, legal, and electronic domiciles with the DNM, and communicate any change within three business days
- Seek legal advice before traveling: consult with a specialized attorney before making extended trips abroad, particularly if you hold temporary residency, to assess the impact of absence on residency validity
- Document your travel purpose: when entering Argentina, carry documentation that clearly demonstrates the purpose of the trip, especially if entering as a tourist, to avoid suspicions of sham tourism
Professional recommendation: if you are a foreigner residing in Argentina or planning to do so, it is essential to review your immigration status in light of the changes introduced by DNU 366/2025. Immigration regulations have become stricter and the consequences of non-compliance may include residency cancellation and inability to re-enter the country.
Last updated: February 2026. Referenced legislation: Law 25,871, Decree 616/2010, DNU 366/2025.