On 12 August 2026 the federal court in Esquel declared articles 4, 37 and 39 of DNU 366/2025 unconstitutional and inapplicable. Those articles required “legal residence” for citizenship. The court barred applying them retroactively to a resident of Chubut who had applied for citizenship.
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CoMiRa news on refugee status, CONARE, and immigration rules in Argentina.
On 30 June 2026 the Cámara Nacional Electoral declared presidential decree DNU 366/2025 null in its entirety. The court held that moving citizenship from federal judges to the immigration service violates the Constitution. The government has appealed. The Supreme Court has not ruled yet.
In Geneva, UN Special Rapporteur on human rights in Russia, Mariana Katzarova, presented a new report documenting a sharp escalation of repression against dissenters, human rights defenders and journalists, widespread torture, and the use of “treason” and “extremism” laws to silence opposition to the war in Ukraine. The UN concludes that a “regime of fear” is in place and that the justice system is used as a tool of repression.
On 10 September 2025, Decree 646/2025 was issued and later published in the Official Gazette of the City of Buenos Aires. It approves the regulation of Law 26.165 on the recognition and protection of refugees. The regulation aims to operationalize a legal standard that had lacked full executive rules and to create a clearer and faster process for assessing asylum claims.
A federal court in Paraná ruled that part of Decree DNU 366/2025, which tightened citizenship rules, is unconstitutional. The court held that only Congress can modify such laws. The ruling applies to a single case but sets an important precedent for migrants.
On 29 May 2025 the Argentine government published Decree 366/2025, tightening migration rules: shorter temporary residency validity, proof of means and health insurance requirements, and limits on free access to higher education and public healthcare for non-permanent residents. For refugees and people seeking protection, this creates a stricter and more uncertain environment.
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