Argentina's CBI scheme faces constitutional challenge

Argentina's new citizenship-by-investment (CBI) programme is facing a legal argument that it conflicts with the country's constitution. Constitutional lawyer Andrés Gil Domínguez told El País that Article 20 allows citizenship by naturalisation only after two years of residence or for an exceptional service to the nation, and that it "does not allow citizenship to be bought".

He also argues that the emergency decree behind the programme, DNU 366/2025 from May 2025, does not meet the necessity and urgency test that lets the executive act without Congress. He described the measure as discriminatory on economic grounds. MercoPress, citing El País, says courts have already declared the decree null in two individual cases.

Context matters here. A federal appeals court ruling in June 2026 struck down the part of the decree that moved naturalisation decisions from judges to the immigration office. It did not rule directly on the investment route.

In Congress, Peronist deputy Agustín Rossi called the programme "classist", and the opposition has filed information requests and repeal bills. The government says the scheme will bring investment and jobs, and Economy Minister Luis Caputo says applicants will face "rigorous" checks on identity, criminal record and source of funds.

As of 12 October 2026, the announced terms are a non-refundable US$350,000 Treasury contribution or a US$800,000 government bond, with a launch targeted for the fourth quarter of 2026. No court has ruled on the investment route itself.