Courts and Congress Put Investment Citizenship Under Review
Two appeal court rulings against DNU 366/2025, a Supreme Court appeal and repeal bills in Congress: where the legal debate over the programme stands.
The citizenship by investment programme announced on 2 October 2026 rests on an emergency decree, DNU 366/2025, whose citizenship chapter is now being tested in the courts and in Congress. This is what has happened, in order, and what it may mean.
Two appeal court rulings
According to the fact-checking site Chequeado:
- 18 June 2026. Sala III of the federal civil and commercial appeals chamber declared the decree’s citizenship changes unconstitutional in the Volosh case and ordered the applicant’s ordinary naturalisation to resume.
- 30 June 2026. The national electoral chamber declared the decree void in the Yang Liping case. Its reasoning: citizenship carries political rights, and the Constitution bars emergency decrees on electoral matters.
The government has appealed to the Supreme Court.
Why investors are watching
Neither case concerned an investor; both were about ordinary naturalisation. The rulings bind only the parties. But they target the same title of the decree that contains the investment articles, so a Supreme Court decision on the decree’s validity would reach the programme too.
Repeal bills
In early October 2026, opposition deputies from Unión por la Patria filed bills to remove the investment route from the citizenship law, Chequeado and elDiarioAR report. Deputy Marcela Pagano separately questioned how the programme’s adviser consortium was formed after a public tender was cancelled in April 2026.
The government’s position
The government presents the programme as part of opening Argentina to investment, with proceeds going to strengthen public finances. It has appealed the rulings and announced prices and a launch window regardless.
What it means for applicants
| Question | Where it stands |
|---|---|
| Is the investment route in force? | Yes, in the amended law |
| Has any court ruled on an investor’s case? | Not in the sources reviewed |
| Could the Supreme Court strike down the decree? | It is the open question |
| Could Congress repeal the route? | Bills have been filed |
A careful applicant should ask a licensed Argentine lawyer how a ruling against the decree would affect citizenship already granted, and follow the case. We will report the Supreme Court’s decision when it comes, in news.
Sources
- Chequeado: de qué se trata y por qué la Justicia lo cuestiona, 9 October 2026
- Infobae: las dudas que abre el nuevo plan, 7 October 2026
- Ministry of Economy announcement, 2 October 2026