Argentine Opposition and Human Rights Groups Challenge Milei's Intelligence Decree

Controversial Decree Expands Intelligence Powers

Buenos Aires, Argentina – A Decree of Necessity and Urgency (DNU 941/25) issued by President Javier Milei on December 30, 2025, or January 2, 2026, has ignited a fierce debate in Argentina, as opposition parties and human rights organizations demand its rejection by the National Congress. The decree significantly reforms the National Intelligence Law (Law 25,520) and restructures the State Intelligence Secretariat (SIDE), granting its agents controversial new powers, including the ability to apprehend individuals without a prior judicial order.

The DNU stipulates that intelligence operatives may arrest suspects when protecting facilities, assets, or personnel, or in cases of flagrante delicto, with the requirement to immediately notify federal security forces. Furthermore, all intelligence activities are now designated as 'covert,' a measure critics argue will increase opacity and reduce parliamentary oversight. The reform also centralizes military and criminal intelligence, placing SIDE at the apex of the intelligence structure, reporting directly to the General Secretariat of the Presidency, currently headed by Karina Milei, the President's sister.

Concerns Over Constitutionality and Human Rights

A broad coalition of opposition parties and human rights organizations has voiced strong objections to the DNU, labeling it unconstitutional and a threat to democratic principles. Groups such as the Centro de Estudios Legales y Sociales (CELS), Amnesty International, Poder Ciudadano, Greenpeace, Fundación Huésped, and Democracia en Red, alongside more than 20 civil society organizations, have called for the decree's immediate rejection.

Critics argue that the DNU bypasses Congress on a matter of extreme sensitivity, violating Article 99, Section 3 of the National Constitution, which limits the President's power to issue decrees in criminal, tax, or electoral matters. Opposition lawmakers, including those from Coalición Cívica, Provincias Unidas, Encuentro Federal, and the Socialist Party, contend that there was no 'necessity or urgency' to justify circumventing legislative debate. They warn that the expanded powers could transform SIDE into a 'political police' and enable 'political espionage' against opponents, journalists, and citizens, undermining the democratic consensus established after Argentina's last military dictatorship.

Congressional Scrutiny and Judicial Challenges

Under Argentine law, DNUs come into effect immediately but require subsequent review by the National Congress. The process involves an analysis by a special bicameral commission, followed by votes in both the Chamber of Deputies and the Senate. A DNU is only invalidated if both chambers explicitly reject it.

The Milei administration has been accused of delaying the DNU's submission to Congress and the formation of the necessary bicameral commissions, a tactic seen as an attempt to prolong the decree's validity. The deadline for the government to send DNU 941/25 to Congress is January 15, 2026. Meanwhile, several legal challenges have been filed in the judiciary, with organizations like CELS seeking injunctions to suspend the decree's application, arguing its unconstitutionality. The outcome of these congressional and judicial battles will determine the future of the controversial intelligence reform.