Immigration Law
Deportation
Deportation
Defense
Legal assistance against expulsion orders, deportation proceedings, and entry bans. Administrative appeals, judicial appeals, and injunctive relief.
Free consultation
Legal assistance against expulsion orders, deportation proceedings, and entry bans. Administrative appeals, judicial appeals, and injunctive relief.
Free consultationLaw 25.871 (Migrations Law) regulates the procedure for the expulsion of foreign nationals from Argentine territory. The National Immigration Office (DNM) is the competent authority to issue expulsion orders when the grounds established by law are met. DNU 366/2025 introduced substantial amendments to the regime, expanding the grounds for expulsion and shortening procedural deadlines.
However, Argentine law guarantees the right to due process for every foreign national facing an expulsion proceeding. This includes the right to be notified, to have access to legal counsel, to file administrative and judicial appeals, and to request injunctive relief suspending enforcement of the order while the case is resolved.
Our firm intervenes at every stage of the defense process: from evaluating the expulsion order and the viability of appeals, to representation before the federal courts and follow-up until a favorable resolution is obtained. We also assist with the lifting of entry and exit bans.
Schedule a consultationThe Argentine legal system provides various mechanisms to challenge an expulsion order and protect the rights of the affected foreign national.
Challenge of the expulsion order through administrative proceedings, requesting review of the decision by the National Immigration Office (DNM) itself. This allows raising procedural defects, errors of fact or law, and submitting new evidence.
Filing of an appeal before the federal administrative courts to obtain judicial review of the DNM's decision. The court may revoke, modify, or uphold the expulsion order, ensuring an independent review.
Articles 70 to 72 of Law 25.871 regulate the detention of foreign nationals with a final expulsion order. We assist in challenging arbitrary or disproportionate detention, filing requests for release on bail, and judicial review of the reasonable period of detention.
Formal request before the DNM or judicial challenge to set aside entry restrictions recorded in the immigration system, when the grounds that gave rise to them have ceased or they were issued arbitrarily.
Article 35 of Law 25.871 and DNM Disposition 4362/2014 regulate the immediate border rejection of a person who enters as a tourist but whose true purpose does not fall within that category. The rejection carries a re-entry ban of at least five years. We assist in challenging unfounded rejections and in lifting the ban.
Law 25.871 establishes the grounds on which the DNM may order the expulsion of a foreign national from Argentine territory:
A foreign national subject to an expulsion proceeding has the right to administrative and judicial due process, which includes: formal notification of the order, the right to be heard, access to legal counsel, filing of appeals, and requesting injunctive relief.
Upon receiving an expulsion order issued by the DNM, it is essential to act quickly. The first step is to consult with a lawyer specializing in immigration law to evaluate the order, verify the grounds invoked, and determine the most appropriate avenue of challenge. Filing an appeal suspends enforcement of the expulsion until the resolution becomes final.
Law 25.871 establishes various grounds, including: having entered the country by evading immigration control, remaining in an irregular status after being ordered to regularize, having criminal records that constitute entry bans, or having been convicted of intentional crimes. DNU 366/2025 expanded the grounds related to criminal records.
Every expulsion order may be challenged through an administrative appeal before the DNM itself and then before the federal administrative courts. As long as the resolution has not become final, its enforcement is suspended by effect of the appeal filed.
An entry ban is a restriction recorded in the immigration system that prevents a person from entering Argentine territory. It may result from a prior expulsion order, criminal records, or immigration irregularities. To have it lifted, a formal request is filed with the DNM demonstrating that the grounds have ceased, or it is challenged in court if it was issued arbitrarily.
The National Constitution and Law 25.871 guarantee the right to due process, which includes: being notified of the order, having access to legal counsel, filing administrative and judicial appeals, requesting injunctive relief, and not being expelled without a final resolution. The principle of non-refoulement protects those who may face persecution in their country of origin.
It is a measure provided for in Articles 70 to 72 of Law 25.871 whereby a judge orders the detention of a foreign national with a final expulsion order in order to carry out their removal from the country. If the expulsion cannot be executed within a reasonable period, release on bail or bond may be requested along with an obligation to appear periodically before the immigration authority.
When a foreign national declares entry as a tourist but the immigration authority determines that their true purpose does not fall within that category, Article 35(b) of Law 25.871 and DNM Disposition 4362/2014 apply. The rejection is immediate and carries a re-entry ban of at least five years. It is possible to challenge the rejection if it was unfounded or arbitrary, and to request the lifting of the ban.
Every situation is unique. Tell us about your case and our team will contact you within the next 24 business hours.
Suipacha 1111, 17th Floor
Buenos Aires, Argentina
consultas@quinternofidanza.com
+54 9 11 2393-0687
Suipacha 1111
17th Floor, Buenos Aires
consultas@quinternofidanza.com
+54 9 11 2393-0687