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

Javier Milei's administration unveiled a citizenship-by-investment program on October 2 that permits foreign nationals to acquire Argentine nationality in exchange for a US$350,000 contribution to the Treasury or a US$800,000 bond purchase. The initiative, announced in Paris by Economy Minister Luis Caputo and Cabinet Chief Diego Santilli, is predicated on a May 2025 emergency decree. Additional payments, ranging from US$100,000 for a spouse to US$25,000 per minor child, have been stipulated.

Constitutional lawyer Andrés Gil Domínguez asserts that Article 20 of Argentina's Constitution unequivocally prohibits citizenship acquisition through monetary means, citing the necessity of two years of residency or exceptional service. He contends that the decree's lack of compliance with the urgency and necessity conditions that permit the executive branch to circumvent Congress renders it invalid. Moreover, Domínguez labels the measure as "totally discriminatory on the basis of economic status."

The courts have previously struck down the decree in two individual cases. Opposition lawmakers have initiated inquiries and bills to repeal the program in Congress. Peronist deputy Agustín Rossi, a former defense minister, decries the scheme as "classist" and contends that it seeks to lure billionaires circumventing restrictions on foreign land acquisition. The government maintains that the program will stimulate investment and job creation, with funds earmarked for bolstering the nation's fiscal health.

Caputo contends that investor allure stems from Argentina's "optimal geopolitical position, particularly in a world in conflict," and states that applicants will undergo a "rigorous" vetting process encompassing identity checks, criminal record screenings, and fund source investigations. Representatives from five private firms specializing in residence and citizenship-by-investment programs — Latitude Group, Arton Capital, Apex Capital Partners, Passport Legacy, and AIM Global — participated in the announcement.

They formed a consortium and signed an unpaid technical collaboration agreement with the Economy Ministry agency overseeing the program in May. Argentina would be the first South American country to adopt such a program.