On Wednesday, Argentine President Javier Milei signed a Necessity and Emergency Order (DNU) aimed at strengthening national migration policy and addressing illegal immigration.
This order includes a clause that bars criminals from entering the country.
Historically, Argentina has maintained a relatively lax approach to immigration. In the 19th century, the immigration system encouraged significant influxes from Europe, promoting housing and development. Article 25 of the 1853 Constitution mandated that the federal government support European immigration without imposing restrictions or taxes on those entering the country for productive purposes.
The Argentine Constitution grants the President powers to issue these emergency orders under “exceptional circumstances” that make standard legislative processes impractical, excluding matters related to taxation and elections.
These orders take immediate effect but are subject to review by the Argentine Parliament, where they can be approved or rejected. In his early days in office, President Milei has initiated changes that have reversed over 350 policies from previous socialist administrations.
President Milei stated that this DNU represents a significant overhaul of the immigration system, aiming to bring “common sense” back into the country’s immigration policy. He referenced late diplomat Juan Bautista Alberdi, emphasizing that Argentina has always been open to new arrivals but underscored that criminal behaviors should not be tolerated.
He noted that, over the past two decades, around 1.7 million foreigners have migrated irregularly into Argentina due to overly permissive practices. This new measure seeks to restore order to a system he claims has been compromised by populist politics.
Moving forward, foreigners who have been convicted of crimes will be banned from entering Argentina. Additionally, if foreign nationals commit crimes within Argentina, they will face deportation, regardless of the severity of their sentence. This change means that offenses previously deemed minor—those resulting in sentences of less than five years—will now be grounds for deportation.
The law also mandates that temporary residents must cover the costs of their medical services and have insurance upon entering the country. President Milei highlighted that healthcare for foreign nationals in national hospitals had cost around 114 billion pesos (approximately $100 million) in 2023, indicating the need for reforms to protect public health sustainability.
The reforms also give public universities in Argentina the option to charge fees for international students, although free primary and secondary education will still be available to all residents as mandated by Article 20 of the constitution.
Finally, the DNU will tighten requirements for acquiring Argentine citizenship, stipulating that individuals must have resided continuously in the country for two years or have made a related investment. Applicants for permanent residency must demonstrate financial stability and provide proof of a clean criminal record.
In a concluding statement, the presidency emphasized that the government is committed to ensuring taxpayer funds are utilized for citizens, not for those who exploit public services. They made it clear that anyone wishing to live in Argentina must respect the law.
Manuel Adorni, the President’s spokesperson, remarked that while migration has historically contributed positively to Argentina’s development, the current situation has deteriorated due to regulations that foster chaos. He asserted that many individuals are entering the country without proper scrutiny, leading to higher crime rates.
Moreover, he expressed concern over the overly lenient deportation criteria that allowed criminals to enter and continue their unlawful activities unchecked. Adorni asserted that the current administration seeks to end such practices.
Furthermore, the spokesperson reiterated that those who remain in Argentina illegally will not be granted citizenship, emphasizing a renewed commitment to historical values aimed at restoring the nation’s greatness.
He added, “This reform prioritizes the well-being of citizens, cutting down on abuses within the immigration system. Anyone violating the law will face deportation, and those entering illegally will be removed.” He also mentioned that provisions for sanitary services would become strictly regulated.
