Event Summary
In late August 2025, a federal court declared part of the Decree of Necessity and Urgency 366/2025 unconstitutional in a specific case. Despite this, the government holds onto the decree and has appealed the ruling. Decree 366/2025 was published on 29 May 2025 and introduces substantive changes to the Migration Law No. 25,871 (2004). Among other points, it expands the grounds for inadmissibility and expulsion even without a final conviction, reduces the deadlines and appeals, and establishes new economic, educational and health requirements to access residency and citizenship. The decree was issued without opportunities for civil society participation, preventing democratic dialogue in the formulation of this public policy. Instead, the law was pushed through in an autocratic way reducing institutional spaces for CSOs to act as watchdog of the state.
Civil society organizations and experts have denounced that the Decree violates constitutional rights and international treaties, including the MERCOSUR Social and Labour Declaration, by restricting the rights of migrants to basic rights such as access to health and higher education, toughening naturalization and facilitating expulsions without due process. It is also feared that the reforms will aggravate the conditions of access to citizenship and increase the discretion of Migrations in controls and expulsions. The effects are already being observed: in the first three months of 2025, 157 expulsions were recorded, the highest average in two decades. Reported cases show a disproportionate impact on trans people and sex workers. Family separations were also documented, such as the case of an Afro-Uruguayan worker deported despite residing in Argentina for more than 10 years.
The decree replaces the human rights approach of Migration Law 25,871 with a security and exclusionary approach, which negates the human rights-based principles on which many CSOs base their actions. This regulatory change marginalizes and disempowers the voice of rights organizations. By linking migration issues with national security, terrorism and criminality without providing any evidence to that effect, the government promotes a narrative that stigmatizes organizations that work with migrants or vulnerable communities, weakening their public legitimacy and making their work more difficult. As a result of the restriction of basic social rights of migrants, CSOs are further overburdened and without effective legal tools to protect affected population. For migrant organizations, DNU 366/2025 not only violates due process, but also aggravates the social and civic exclusion of migrant and LGBTIQ+ communities, reinforcing historical patterns of discrimination and limiting their full participation in public life.