IACHR concerned about reforms in Argentina regarding human mobility and international protection

October 28, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) is concerned about recent reforms in Argentina that may restrict the effective exercise of the human rights of individuals in need of international protection and/or individuals in human mobility contexts. Argentina recently adopted a series of decrees to amend Act 26,165 (concerning refugee recognition and protection) and Act 25,871 (concerning immigration).

In terms of international protection, the IACHR is concerned about Decree 646 of September 10, 2025, regarding the implementation of Act 26,165. This decree authorized the creation of reception facilities where asylum seekers may be held while their cases are processed. Asylum seekers would only be allowed to leave those facilities to return to their countries of origin or travel to a third country.

Decree 646 also authorizes rejections of asylum requests when the relevant authority (even at the border) considers them “manifestly inadmissible;” when they are thought to be grounded on “subjective preference” or “economic convenience;” or when the allegations are deemed to be “inconsistent, insufficient, or implausible.” Decree 646 allows for automatic rejection, without exception, if the individual who is requesting asylum should leave the country while the procedure is ongoing.

In 2024, two other decrees—Decree 819 and Emergency Decree 942—were issued that alarmed the IACHR, because they adopted a national security focus. Decree 819 included a representative of the Security Ministry among the experts in charge of making decisions in cases involving requests for international protection. In its observations to this press release, the State noted that including a representative of the Security Ministry in these procedures reflected the need for inter-institutional coordination and technical specialization. Emergency Decree 942, in turn, expanded the set of reasons why requests for international protection might be rejected and changed the review system following rejections.

The Inter-American Court of Human Rights has stressed that, even when dealing with groundless or abusive requests for international protection, States must grant the affected individuals a hearing and adequate review of the decision to reject their requests. The IACHR reminds States that they must protect the right to request asylum, which involves allowing entry into their territory regardless of the available documentation; enabling specific protection mechanisms to prevent rights violations; and respecting the principle of non-refoulement.

In terms of human mobility, Emergency Decree 366, issued in May 2025, substantially amended Argentina’s Immigration Act. The State argued that the inflow of migrants into the country is “out of control” and must be regulated, since these individuals allegedly pose both a security threat and a burden on public services. The IACHR notes that these allegations are not supported by up-to-date official data or other objective assessments.

Emergency Decree 366 expands the list of deportation causes, removes several appeal mechanisms held in the Immigration Act, and halves procedural timeframes, all of which restrict access to justice. It also expands the list of reasons for detention and increases periods of detention ahead of deportation, which may stretch to 30 days even without a definitive ruling. In its observations to this press release, the State of Argentina argued that Emergency Decree 366 respects due process in keeping with Article 8 of the American Convention on Human Rights.

The IACHR stresses that migrant detention must be a measure of last resort and should never involve conditions that amount to cruel, inhuman, or degrading treatment. The IACHR warns that Emergency Decree 366 restricts access to rights including the rights to health, education, justice, employment, social security, and social services, which Argentina previously recognized for immigrants as it does for Argentine citizens.

The IACHR notes that, while each State may set its own immigration policies, those policies must respect human rights and their adoption must reflect the rule of law and the separation of powers in a democratic State, as well as including review mechanisms to prevent exceptional measures from being used to undermine those instruments.

Further, in keeping with the Inter-American Principles, individuals in human mobility contexts have rights to a family life, an adequate standard of living (including health, education, employment, and housing), and access to justice when their rights are being restricted.

The IACHR is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 217/25

11:50 AM