Key facts
- At least two opposition bills to repeal the programme were filed in the Chamber of Deputies in the week after the launch.
- Critics cite Congress's constitutional power over naturalisation, land and border security, money laundering and passport credibility.
- Supporters cite revenue of up to US$2.5 billion (advisers' estimate, via AP) and FX debt payments of about US$25 billion due in 2027.
- The decree behind the programme is before the Supreme Court; the government's appeal was granted on 24 September 2026.
Argentina’s citizenship by investment programme was announced in Paris on 2 October 2026. The political response at home was immediate. This guide sets out the main arguments on each side, as their authors make them, and then asks what the debate means for an investor who needs the programme to last.
The opposition bills
Rossi and Olmos. On 2 October, the day of the launch, Agustín Rossi, a deputy for Unión por la Patria, filed bill 5254-D-2026 with Kelly Olmos. It was sent to the committees on Constitutional Affairs and on Population and Human Development. According to Parlamentario, the bill would:
- amend Ley 346 to prohibit naturalisation in exchange for payments, donations, investments, asset purchases or subscriptions of public or private securities;
- bar investments from shortening the residence period that Article 20 of the Constitution sets;
- ban public securities that carry a right to apply for citizenship;
- bar the state from contracting firms to design or run such programmes, and end existing agreements;
- repeal the changes that DNU 366/2025 made to Ley 346.
Carignano and Penacca. Deputies Florencia Carignano, a former head of Migraciones, and Paula Penacca, also of Unión por la Patria, filed a separate bill. It would repeal the investment regime added to Ley 346 by DNU 366/2025, and Decreto 524/2025 with all its implementing rules. Tiempo de San Juan reported on 7 October that it had been sent to the same committees.
Neither bill has legal effect unless both chambers pass it, and a presidential veto would then be possible.
The critics’ arguments
1. Congress, not the executive, decides who becomes Argentine. Article 75(12) of the Constitution gives Congress the power to make general laws on naturalisation and nationality. Article 20 says foreigners obtain naturalisation after two continuous years of residence, which “the authority” may shorten for an applicant who proves services to the Republic. Critics argue an emergency decree cannot rewrite this. Two courts agreed in June 2026, in rulings now under appeal.
2. Land and border zones. Rossi warns that purchased citizenship could let foreign buyers avoid limits on rural land and border areas. Those limits were set by the Rural Land Law, Ley 26.737, which Article 154 of DNU 70/2023 repealed. On 29 September 2026 the Supreme Court overturned a lower-court ruling against that repeal, on standing grounds; on 1 October it said it had not ruled on the merits. On 6 October it called in two substitute judges to hear a separate challenge. The opposition has also requested a special session of the Chamber of Deputies on 15 October 2026 that includes rejecting DNU 70/2023.
3. Money laundering and reputation. Rossi’s bill cites the risk of laundering and tax evasion, and the harm to passport credibility seen in other countries. AP notes that the Financial Action Task Force has warned that criminals exploit investment migration to hide their identities and wealth. The 2023 FATF/OECD report set out these risks in detail.
4. The Malta precedent. The Carignano-Penacca bill cites the EU Court of Justice ruling of 29 April 2025 in Case C-181/23, which held that Malta’s investor-citizenship scheme breached EU law. The EU has since made investor-citizenship schemes a ground to suspend visa-free travel to Schengen, under Regulation (EU) 2025/2441.
5. Fairness. Rossi has said the scheme favours the wealthy. In a radio interview reported on 5 October, he called it “el más vende patria de la historia”, in effect accusing the government of selling out the country.
The supporters’ arguments
1. Dollars at a difficult moment. AP reports that Argentina faces about US$25 billion in foreign-currency debt payments in 2027. The consortium of firms that advised the government estimates the programme could raise up to US$2.5 billion. A non-refundable contribution adds reserves without adding debt.
2. Investment and openness. Minister of Economy Luis Caputo presented the programme as part of a pitch to foreign capital. The official release describes Argentina as “un faro de libertad e inversión” (a beacon of freedom and investment). DNU 366/2025 frames the route around a “relevant investment” in the country.
3. Vetting to international standards. The government says checks will be aligned with OECD and FATF recommendations, with SIDE, the UIF, the Ministry of Security and the Ministry of the Interior taking part. All funds must pass through the formal financial system. Multi-agency vetting and checks on the source of wealth are among the good practices described in the 2023 FATF/OECD report.
4. Precedent and price. Argentina is not the first country to offer citizenship for investment; Caribbean states, Türkiye and others do. At US$350,000 it is priced well above the Caribbean floor of US$200,000. The pricing reflects a bet that a large economy with a passport reaching about 170 destinations can command a premium. Our briefing on what Argentina means for the CBI industry explores this.
Where the arguments meet
Some points are common ground, at least in principle.
| Issue | Critics | Supporters |
|---|---|---|
| Who should authorise it | Congress, by law | The executive used a decree; Congress has not passed a law |
| Laundering risk | High; the programme invites it | Managed through multi-agency, FATF-aligned checks |
| Land | Citizenship could bypass land limits | Not addressed in the programme announcement |
| Revenue | Not worth the cost to sovereignty | Up to US$2.5bn, by advisers’ estimate |
| Transparency | Concerned about agents and contracts | Rules still to be published |
The constitutional text cuts both ways. Article 20 allows the residence period to be shortened for people who prove services to the Republic. Whether a large investment can be such a service, and whether an emergency decree is the right tool to say so, is precisely what the courts are weighing.
What it means for durability
For an investor, the debate matters through three channels.
The courts. The Supreme Court now has the Liping Yang case on DNU 366/2025. A ruling for the government would strengthen the programme’s legal footing. A ruling against it could return naturalisation to the federal courts. See our legal status briefing.
Congress. A repeal bill needs majorities in both chambers. The arithmetic of the 15 October session request is a useful signal: the blocs that signed it held about 122 seats, short of the 129 needed for a quorum, according to Perfil. A law that put the programme on a statutory footing would be the strongest protection, but none has been proposed.
Elections. AP reports that President Milei will seek re-election in 2027. A programme created by decree can be ended by decree. Our Malta lessons piece explains why legal durability matters more than the launch.
The practical conclusion is simple. Applicants in the first wave carry the most political and legal risk. Those who wait for the Supreme Court and for published rules will pay the same price with less uncertainty. We report each development on our news page.
Sources
- Constitution of Argentina, Arts. 20, 75(12) and 99(3): https://www.argentina.gob.ar/normativa/nacional/ley-24430-804/texto
- Government of Argentina, programme announcement (2 October 2026): https://www.argentina.gob.ar/noticias/luis-caputo-anuncio-la-puesta-en-marcha-del-programa-de-ciudadania-por-inversion-de
- Parlamentario, Rossi bill (3 October 2026): https://www.parlamentario.com/2026/10/03/rossi-presento-un-proyecto-para-prohibir-la-ciudadania-por-inversion-y-derogar-el-regimen-creado-por-decreto/
- Parlamentario, Rossi interview (5 October 2026): https://www.parlamentario.com/2026/10/05/rossi-apunto-contra-el-gobierno-por-el-otorgamiento-de-la-ciudadania-a-cambio-de-inversiones-es-el-mas-vende-patria-de-la-historia/
- Grupo La Provincia, bill 5254-D-2026 (6 October 2026): https://grupolaprovincia.com/contenido/602207/rossi-ciudadania-inversion-proyecto-congreso-ley-tierras
- Tiempo de San Juan, Carignano-Penacca bill (7 October 2026): http://www.tiempodesanjuan.com/politica/diputados-suman-proyectos-para-derogar-el-dnu-que-permite-la-compra-de-la-nacionalidad-argentina_1791407998
- Urgente24, Rossi on land: https://urgente24.com/actualidad/ciudadania-venta-la-alternativa-milei-para-la-extranjerizacion-tierras-n633976
- iProfesional, Supreme Court clarification on the Rural Land Law (1 October 2026): https://www.iprofesional.com/legales/465674-ley-de-tierras-corte-suprema-aclaro-alcance-fallo-dnu-70-2023
- A24, Supreme Court calls substitute judges (6 October 2026): https://www.a24.com/politica/la-corte-convoca-conjueces-un-nuevo-debate-la-ley-tierras-n1603649
- Perfil, special session request for 15 October (1 October 2026): https://www.perfil.com/noticias/politica/diputados-la-oposicion-pidio-sesion-para-tratar-el-dnu-7023-discapacidad-y-endeudamiento-familiar.phtml
- Infobae, Supreme Court to review DNU 366/2025 (7 October 2026): https://www.infobae.com/judiciales/2026/10/07/la-corte-suprema-analizara-otro-dnu-de-javier-milei-que-modifico-el-regimen-para-otorgar-ciudadanias/
- Associated Press via ABC News: https://abcnews.com/Business/wireStory/debt-saddled-argentina-pitches-golden-passport-scheme-woo-136953269
- FATF/OECD (2023), Misuse of Citizenship and Residency by Investment Programmes: https://www.fatf-gafi.org/en/publications/Methodsandtrends/misuse-CBI-RBI-programmes.html
- CURIA, Case C-181/23 Commission v Malta: https://curia.europa.eu/juris/liste.jsf?num=C-181/23
- EUR-Lex, Regulation (EU) 2025/2441: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R2441
- Global Citizen Solutions, Caribbean programme comparison (US$200,000 floor): https://www.globalcitizensolutions.com/caribbean-citizenship-by-investment-comparison/
- Abogados.com.ar, DNU 366/2025 and relevant investment: https://abogados.com.ar/ciudadania-argentina-por-realizacion-de-inversiones-relevantes/37304
