Lawyers and opposition challenge Milei’s citizenship-by-investment scheme as unconstitutional

The citizenship-by-investment programme launched by Javier Milei’s government, which allows foreigners to obtain Argentine nationality in exchange for a US$350,000 contribution to the Treasury or the purchase of a US$800,000 bond, faces challenges from constitutional lawyers and from the opposition, which is trying to block it in Congress.

The programme, presented in Paris on October 2 by Economy Minister Luis Caputo and Cabinet Chief Diego Santilli, is based on a May 2025 emergency decree. It also provides for additional payments of US$100,000 for a spouse and for each child aged 18 to 25, and US$25,000 for each minor, so a family with two minor children would pay US$500,000.

“The national Constitution, in its Article 20, is very clear: Argentine citizenship by naturalisation is obtained with two years of residence or by rendering some exceptional service to the country. It does not allow citizenship to be bought,” constitutional lawyer Andrés Gil Domínguez told the newspaper El País. In his view, the decree does not meet the necessity and urgency requirements that allow the executive to bypass Congress, and the measure is “totally discriminatory on the basis of economic status”. According to the newspaper, the courts have already declared the decree null in two individual cases.

In Congress, the opposition has filed requests for information and bills to repeal it. “It is unacceptable for Argentina to put its citizenship up for sale,” said Peronist deputy Agustín Rossi, a former defence minister, who called the proposal “classist” and argued it is aimed at attracting billionaires seeking to avoid restrictions that apply to foreigners, such as on buying land.

The government argues that the programme “will encourage investment and job creation” and that the funds will be used to strengthen the country’s fiscal position. Caputo attributed investor interest to “Argentina’s optimal geopolitical situation, particularly in a world in conflict”, and said applicants will undergo a “rigorous” vetting of their identity, criminal record and sources of funds.

Representatives of five private firms specialising in residence and citizenship-by-investment programmes, Latitude Group, Arton Capital, Apex Capital Partners, Passport Legacy and AIM Global, took part in the announcement and said they had formed a consortium and signed an unpaid technical collaboration agreement in May with the Economy Ministry agency managing the programme.

Argentina would be the first South American country with such a programme.