Judge Cancels Milei’s Decree Allowing Migrations to Grant Argentine Citizenship

The National Electoral Chamber (CNE) of Argentina annulled a decree issued by Javier Milei that transferred the authority to grant Argentine citizenship to Migraciones, according to reports from La Nación, Infobae, and Perfil. The court ruled that the measure was invalid.

The decree in question sought to transfer the granting of citizenship to Migraciones, a move that the CNE found lacked the necessary legal basis. By declaring the nullity of the decree, the court effectively blocked the administration’s attempt to modify the administrative path for foreigners seeking nationality.

The ruling focuses on the intersection of the Migration Law and the specific legal requirements for obtaining citizenship. According to Ambito, the CNE’s decision specifically targets the transfer of powers that would have allowed Migraciones to oversee the granting of citizenship.

News outlets including Parlamentario report that the CNE declared the nullity of the decree in relation to the Law of Migration and the citizenship process.

Why did the National Electoral Chamber annul the decree?

The CNE annulled the decree because it violated the established legal procedures for citizenship. According to the court’s findings reported by Perfil, the measure attempted to bypass legal norms by granting administrative powers to Migraciones.

By attempting to move this authority to an administrative body, the administration sought to change the process, but the court ruled this specific mechanism was legally unsound.

The ruling emphasizes that the executive branch cannot unilaterally redefine the competencies of the judiciary or other state organs through a DNU when those competencies are defined by law.

What is the impact on the citizenship process?

The immediate effect of the CNE ruling is that Migraciones cannot grant Argentine citizenship. All procedures must return to the legal framework that existed prior to the issuance of the annulled decree, according to reporting from Infobae.

For applicants, this means that the administrative transfer intended by the government is no longer in effect. Those seeking citizenship must continue to follow the traditional legal channels.

The decision creates a legal barrier for the attempts to reorganize the migration and nationality bureaucracy. While the government may seek to introduce similar changes through legislation in Congress, the current executive order is void.

How does this fit into the government’s broader policy?

This ruling is part of a series of legal challenges facing the administration’s use of DNUs to implement policy changes. According to La Nación, the government has used these decrees, leading to judicial interventions.

In this specific case, the administration aimed to increase the efficiency of Migraciones. However, the CNE’s ruling establishes that efficiency goals do not override the statutory requirements of the citizenship process.

The court’s decision reinforces the separation of powers, specifically preventing the executive from absorbing functions that the judicial system oversees regarding the granting of nationality to foreign residents.