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Cámara Nacional Electoral Nullifies Milei DNU Transferring Citizenship Power to Migraciones

The court found the decree unlawfully touched electoral rights and removed the executive's claim of emergency to change who grants Argentine citizenship.

Overview

  • The Cámara Nacional Electoral declared Decree of Necessity and Urgency 366/2025 null on June 30, 2026, ruling the executive exceeded its authority and reversing a lower-court denial in the naturalization case of Yang Liping.
  • The court said citizenship is linked to political rights and that the DNU regulated electoral matters that the Constitution bars the executive from changing by emergency decree under Article 99(3).
  • Judges found the government did not prove the 'rigorous exceptionality and urgency' required to bypass ordinary lawmaking, and said the decree amounted to a permanent change in the naturalization regime rather than a temporary emergency measure.
  • The ruling orders the Ministry of Security to inform the National Migration Office and directs that federal judges with electoral jurisdiction be notified so the decision applies across the country.
  • Beyond the individual case, the decision reinforces the Cámara's role in unifying electoral rules and creates a legal constraint on the Milei administration's use of DNU to alter citizenship and other electoral-linked rules, a development to watch in future executive measures and court challenges.