Italian descendants living abroad challenge tightened citizenship rules

For decades, Italy allowed foreign nationals with an Italian ancestor alive after March 17, 1861 — the date of the country’s unification — to apply for citizenship under jure sanguinis, or citizenship by descent.

However, mounting criticism of the policy and a surge in applications, particularly from South America and the United States, prompted the government of Giorgia Meloni to tighten the rules in 2025.

Under the so-called Tajani decree — named after Foreign Minister Antonio Tajani — eligibility has been narrowed to those with Italian parents or grandparents, significantly limiting access compared to previous generations-based claims.

The changes have had a notable impact in the United States, where an estimated 16 million people — about 4.8% of the population — are of Italian descent. In the months since the new rules came into force, some Americans seeking citizenship through ancestry have begun pushing back against the policy shift.

This week, two American families and one Venezuelan family brought their case before Corte Suprema di Cassazione, Italy's highest court, challenging the scope of the law and arguing that it should apply only to individuals born after its introduction.

At the heart of the dispute is what is commonly referred to as the “minor issue.” The provision states that if a parent of a child born abroad with Italian citizenship naturalised in another country while the child was still a minor, the line of descent would be broken. Its immediate implementation also affected applicants who had already begun the citizenship process, leaving many in legal uncertainty.

“These families are invoking the fact that they are dual citizens at birth, they are Italian citizens at birth, and the new law, the so-called Tajani Decree, is cutting the right to Italian citizenship in a retroactive way,” lawyer Marco Mellone, who represents the two American families, told American outlet Newsweek.

“That is to say, it is cutting the rights of Italian citizenship to all already-born descendants of Italian immigrants all around the world, imposing on them new conditions, which simply they cannot match, they cannot comply with today,” he added.

Legal experts say the outcome could have far-reaching consequences. According to Marco Permunian, founder of Italian Citizenship Assistance, the “minor issue” affects thousands of applicants with pending cases before Italian courts and consulates, including many currently seeking recognition of their citizenship.

While the case directly involves only a handful of families, a ruling in their favour could reopen the path to citizenship for thousands of Americans — and potentially hundreds of thousands of others worldwide — who have been excluded under the new law.

A decision from Italy’s top court is expected within the next 12 months.

By Nazrin Sadigova