Argentina’s immigration policy entered a new phase in 2025 with the enactment of Presidential Decree 366/2025. Signed by President Javier Milei, the measure introduces sweeping changes to how the country handles foreign nationals, particularly in cases involving police or criminal records. This move reestablishes the more stringent approach of the Mauricio Macri era and rolls back the protections implemented during the presidency of Alberto Fernández.
From Flexibility to Expulsion: Shifting Legal Standards
Under Macri’s presidency (2015–2019), Argentina pursued a stricter immigration policy centered on national security through Executive Decree No. 70/2017. The subsequent administration of Alberto Fernández took a diametrically opposed stance. In 2021, the Fernández administration repealed Macri’s decree and restored key guarantees contained in the original 2004 Migration Law (Law 25.871).
Now, with Decree 366/2025, the Milei administration has reversed course once again, emphasizing enforcement, expulsion, and the denial of services to those not meeting stricter criteria. The new decree reinstates many of the mechanisms used during Macri’s government—but with additional controls and institutional powers.
The Key Changes Under Decree 366/2025
One of the most consequential aspects of the decree is its treatment of criminal and police records. Foreign nationals may now be expelled not only if they have a criminal conviction, but also based on open charges, police records, or being under judicial investigation. In effect, migrants can be removed before any verdict is reached. Authorities are now obligated to report the criminal involvement of foreign nationals to immigration officials within five days, tightening the link between the criminal justice system and immigration enforcement.
At the border, immigration officers are empowered to immediately reject or expel individuals found crossing irregularly or misrepresenting their purpose of entry—without allowing for appeal. A sworn declaration of intent, proof of health insurance, and updated personal information are now mandatory requirements for legal entry and continued stay.
Residency rules have also become stricter. Provisional stays are shortened, and time spent under temporary or irregular status no longer counts toward permanent residency or citizenship eligibility. Furthermore, the grounds for family reunification have been narrowed. Relatives can only be granted temporary residence—permanent status is no longer automatic, even for close family members.
Enforcement powers for immigration authorities have been significantly expanded. Officials may conduct inspections, request documentation, recommend preventive detentions, and even inspect homes and workplaces under court authorization. Failure to report a change of address or to provide adequate contact information can now result in loss of legal status.
Legal and Practical Implications for Business
For businesses, especially those employing foreign nationals, this new legal landscape demands greater scrutiny. Employers must carefully verify immigration and criminal records, ensure compliance with documentation rules, and anticipate the risk of abrupt changes in an employee’s legal status.
Decree 366/2025 redefines Argentina’s migration policy in line with a deterrent and security-first paradigm. At Quadlux, we are closely monitoring these developments and remain committed to helping our clients navigate the evolving challenges of global employment and immigration compliance.
Have concerns or what-ifs about Argentina’s new migration rules? Let Quadlux be your first call — we’re ready to provide clarity and peace of mind.
