Milei's Decree Against Foreigners Sparks Constitutional and Political Backlash

President Javier Milei's government in Argentina has enacted a new decree that significantly alters the country's migration law, aiming to prevent foreigners who promote "hate speech" or incite violence from entering or remaining in the country. The decree, numbered 681/2026, was issued as a Decree of Necessity and Urgency (DNU), bypassing the usual legislative process.

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It is clearly unconstitutional.

The measure has drawn sharp criticism from constitutional lawyers and opposition politicians, who argue it is unconstitutional, unworkable, and contradictory. Daniel Sabsay, a constitutional law specialist, described the decree as an "abuse of the exercise of a DNU," asserting that such a significant change should have been debated in Congress. He also highlighted the ambiguity in defining "hate speech" and determining the threshold for prohibiting entry.

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It is an assault on Congress, without the conditions for enablement provided by the Constitution.

Andrés Gil Domínguez, another constitutional lawyer, echoed these concerns, calling the DNU an "assault" on Congress that lacks the constitutionally mandated conditions of necessity and urgency. He ironically noted that Milei's own inflammatory remarks could potentially violate the decree's criteria, preventing his own entry into other countries like Brazil or Spain.

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The necessity and urgency must be of such magnitude that the use of this tool is essential, which is not illustrated by the current times.

Further complicating the issue are perceived contradictions within the government's own policies. While the decree targets foreigners for their speech, the administration is also pursuing a project to remove restrictions on the sale of land to foreigners. Critics, like Diego Armesto, argue that the necessity and urgency required for a DNU are not present and that this method of modifying laws sidesteps proper legislative procedure. The lack of clear criteria for "hate" and expulsion processes adds to the legal uncertainty surrounding the decree.

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There is no clarity on the concept of hate nor on the expulsion process.