Changes rock citizenship quest

Many readers of Fra Noi have ancestors who left Italy generations ago in search of better opportunities, making this topic especially relevant. For those whose families emigrated long before World War II, the connection to Italy may feel more like a matter of heritage than daily life. Yet, despite the distance, the thread of Italian descent remains a powerful symbol of identity and pride with many of our U.S. clients seeking our assistance in citizenship recognition. However, with ongoing global migration and shifting perspectives on citizenship, it seems that Italy is beginning to implement stricter rules regarding the recognition of citizenship, especially when it is claimed through ancestors who lived many generations ago.

This point was brought home on March 28 when the Italian Government issued a Law- Decree (decreto-legge) limiting the granting of Italian citizenship by descent to children and grandchildren of Italians.

According to the new Law Decree, Italy now recognizes Italian citizenship for those born abroad who:

• Have applied for citizenship recognition by the administrative authorities or judicial ones by March 27, 2025;
• Have a parent or grandparent born in Italy;
• Have a parent who lived in Italy for two consecutive years before their birth.

Before the Law Decree, Italy’s jure sanguinis law granted citizenship based on bloodline regardless of how many generations back a male ancestor emigrated to another country as long as that ancestor was an Italian citizen when his children were born. The news law was implemented to curb the recent surge in applications to root out “fraud” and “improper practices.”

Another key reform introduced by the Law Decree is the centralization of citizenship application processing under the authority of the Ministry of Foreign Affairs. This means that Italian Consulates will no longer handle the evaluation of applications for citizenship by descent.

Pending a more precise interpretation of the new provisions, Italian consulates have been directed to temporarily halt the scheduling of citizenship appointments and the acceptance of new applications. Although no official instructions have been issued regarding applications already submitted, it seems that their processing has also been put on hold for the time being.

Though the Law Decree is already in force, it is important to note that it must be ratified by Parliament and formally converted into law within 60 days to retain its validity. During this process, modifications or amendments may be introduced.

Many countries, especially those with large diasporas like Italy, recognize the right of descendants to inherit citizenship from their forebears. However, Italy’s policy was unique in that it imposed no time limit on such claims. This means that people with Italian ancestors, no matter how distant, could request citizenship, creating a complex situation that has increasingly come under scrutiny.

This trend toward stricter rules was vented by a several other parties. A Tribunal in Bologna recently asked the Italian Constitutional Court to assess whether the previous was consistent with fundamental constitutional principles, such as the right to a rational and reasonable law and the concept of “the people of Italy,” opening up a wider discussion on the meaning of citizenship. The court is also tasked with considering whether Italy’s international obligations, particularly within the European Union, are being respected.

The government recent Law Decree is rooted in concerns about the potential administrative burden of processing millions of citizenship claims, especially from regions like South America, where many descendants of Italians live.

“Unfortunately, over the years, there have been abuses and requests for citizenship that went a bit beyond the true interest in our country,” Tajani said.

Some legal experts point out that this Law Decree may not become law without at least some changes being made to its language. Meanwhile, many Italian American organizations are lobbying against the restrictions and a petition that end has already garnered more than 100,000 signatures.

To access the petition, click here.

To read the letter sent to Prime Minister Meloni by the Conference of Presidents of Major Italian American Organizations, click here.

To read the letter sent to the U.S. Embassy in Italy by the Italian American Congressional Delegation, click here.

From a legal standpoint, this debate touches on several constitutional principles that require careful analysis. The Italian Constitution, while emphasizing the right of every individual to be treated with fairness and equality, also holds dear the notion of citizenship as a bond between individuals and the national community.

A key question is whether the jure sanguinis principle — granting citizenship based purely on ancestry — truly reflects the spirit of the Constitution. Should citizenship — a status that signifies a deeper connection to a nation’s culture, values and community — be granted merely on the basis of distant bloodlines? Or should there be a closer relationship between the individual and the country they wish to be a part of?

For many Italian Americans, this debate is not just a matter of legal frameworks but a reflection of their own identity.  The connection to Italy — whether through language, culture, or familial ties — remains an integral part of their lives, even if their roots in the country have become distant. Yet, as the Bologna ruling and especially the new Law Decree suggest, the time may have come to ask whether the inheritance of citizenship should remain so closely tied to ancestry alone, or whether a more nuanced approach is needed to reflect the realities of today’s globalized world.

While the legal and constitutional implications of the jure sanguinis debate are central, the cultural and social impact of this discussion cannot be ignored, particularly for Italian American communities. The idea of being Italian holds a special place in the hearts of those who were born abroad, particularly in places like the United States, where Italian heritage has played a pivotal role in shaping local communities.

On the other hand, the growing number of citizenship requests has raised concerns in Italy about the sustainability of the system. With millions of potential claimants from countries like Brazil, Argentina and the United States, some argue that the law could create a strain on public services and resources, particularly in an era of increasing globalization where immigration and cross-border relationships are becoming more complex. Furthermore, there is the question of how granting citizenship to people with no direct ties to Italy may impact the country’s political and social cohesion.

Comparing Italy’s approach to other European countries, it is clear that Italy is unique in allowing such far-reaching claims of citizenship by descent. Many European countries, such as France and Germany, have stricter criteria for citizenship, often focusing on factors like residency, language proficiency or integration into the national community. By contrast, Italy’s open-ended jure sanguinis law has set it apart, and the growing number of claims from descendants of emigrants raises the question of whether such an expansive interpretation of citizenship is still appropriate in the 21st century.

As the Italian Parliament and the Constitutional Court deliberate on this issue, they will need to balance the values of national identity, historical continuity, and social integration with the practical realities of an interconnected world. The outcome will not only shape Italy’s relationship with its diaspora but could also influence global debates about the nature of citizenship in a time when mobility and identity are increasingly fluid.

The resolution of this issue will likely set the tone for how the Italian Parliament views its connection to the millions of people who proudly call themselves Italian, even if their roots trace back many generations.

We will keep you posted on how it will unfold.

Send your questions regarding Italian law to cbortolani@aliantlaw.com and I’ll be glad to answer them.

The content provided in this Q&A column is intended solely for general informational purposes and does not constitute legal advice. The information presented here is not tailored to any specific situation or transaction and should not be relied upon as a substitute for professional legal counsel. Legal issues can vary widely based on individual circumstances and jurisdictional nuances. Therefore, it is crucial to consult with a qualified legal professional regarding your specific case or concerns. Please be aware that no attorney-client relationship is established by accessing or interacting with the information provided in this column. The column’s author and publisher disclaim any liability for actions taken based on the information contained herein.