@ceviche -
As I said, I am not at all sure the same applies to naturalized Argentines, as - as Randoms noted - the norma explicitly specifies native Argentines naturalized abroad.
Bajo somehow mixed argentinos por opcion into this, not sure why. The question was nativos vs. naturalized.
There is - or rather, was - a clause in law ("ley de facto") 21.795, the junta-era nationality law, that listed as one of the things that would nullify Argentine naturalization, "todo acto que comporte el ejercicio de la nacionalidad de origen". Entering Argentina on the original passport would certainly qualify. However, that law was abrogated as soon as civilian rule returned.
That said, again the DNM regulation very specifically mentions Argentines naturalized abroad. However, at that time this norma was promulgated, naturalization demanded renunciation of the prior citizenship, so the only possible dual citizens were Argentines naturalized abroad. Today that is not the case - so definitely an argument can be made either way.
There was a landmark case in 2009 of 2 Argentine born brothers of Lithuanian ancestry, who wanted to renounce Argentine citizenship in order to qualify for the Lithuanian one. The case made its way up through the courts, up to the Camara Electoral Nacional, where it was decided conclusively that native Argentines cannot lose their nationality even when expressly requesting this.
The case is excellent reading, the whole thing can be found
here. Among the salient points:
Quotes several relevant rulings by the Supreme Court (notably
Padilla, Miguel M. s/ presentación), among them:
- that as contemplated in Ley 346 and elsewhere, citizenship (namely, the political and civic rights of a resident) is not synonymous with nationality;
- that Law 346, as implemented by Decreto 3213/84 art. 16, makes clear that even "suspension of the right of exercising the political rights [i.e. citizenship] ... does not deprive [one] of the rights, nor exempts [one] of the obligations inherent to Argentine nationality, whether native or acquired";
- that "once Law 21.795 (the Vidal-era nationality law) was revoked, there remained in force no measure that establishes that loss of Argentine nationality is engendered by naturalization abroad";
- that "though [nationality] obtained by naturalization may be revocable, for causes reasonably foreseen in the law, for example if obtained by fraud, it is nonetheless clear that it can never be revoked on the part of the applicant... it is perfectly admissible that a given nationality may be obtained, distinct from that of origin, and it is the case that a person may opt-in to Argentine nationality or naturalize as Argentine without losing the nationality of origin".
At any rate, I am not a lawyer and definitely do not want to exceed the bounds of my competence. But it seems pretty clear that bajo's threat of citizenship getting cancelled because of entry on a foreign passport is wildly exaggerated. And he knows this full well.
