Argentina to Bar Foreigners Expressing Hate Speech or Inciting Violence

The Argentine government has enacted a decree modifying the Migration Law to prohibit the entry of foreigners who express messages of hate or incite violence against the Argentine people or citizens based on their nationality. This new regulation, published via a decree of necessity and urgency (DNU) 681/2026, also applies to those who have engaged in or instigated acts of outrage against national symbols.

The measure allows for the cancellation of residency for foreigners who commit such acts, with the possibility of ordering them to leave the country or face expulsion. However, the decree specifies that expressions of ideological dissent, as well as political, academic, or citizen critiques protected by the Constitution, will not fall under these prohibitions. The government justified the change by citing a significant increase in hate speech and hostile acts directed at Argentine culture and national identity.

In its reasoning, the Executive branch argued that such manifestations pose a risk to citizens and undermine the basic respect expected from foreigners wishing to enter or remain in the country. The decree further states that these behaviors distort the purpose of Argentina's migration policy and disrupt harmonious coexistence and social peace. The government also highlighted the potential concrete impact of hate speech and violence propagation on individuals' integrity, health, and rights.

This DNU introduces a new ground for preventing entry and stay under Article 29 of the Migration Law, encompassing both oral and written hate speech, incitement to violence based on Argentine nationality, and participation in or instigation of acts against national symbols. A similar provision has been added to Article 62, which outlines grounds for the National Directorate of Migration to revoke residency, potentially leading to an order to leave or expulsion.