Born Italian, Denied by Decree?

Italy’s March decree threw a wrench into thousands of citizenship cases. But does it actually hold water? And what can you do if you’re blocked? Here’s what we found.

Earlier this month, I had an extended conversation with Jim Esposito, Director at PortaleItaly. If you haven’t heard of them, they’re among the most respected firms helping Italian-Americans and others reclaim citizenship by descent. Jim is a U.S. Army veteran who now lives in Florence and leads a hybrid team of attorneys, genealogists, and even a former NYPD sergeant to help clients uncover, document, and claim their Italian lineage.

Our conversation covered a wide range of topics, from the March 2025 decree and its legal implications to the global wave of Americans seeking EU alternatives. To round out the whole picture, we also drew on PortaleItaly’s formal responses to Borderless Living, media analysis, and Italy’s constitutional history.

The Decree That Changed Everything

On March 7, the Meloni government issued an emergency decree¹ restricting citizenship by descent ("jure sanguinis") to claims through parents or grandparents only. For the millions of Italian descendants abroad who trace lineage through great-grandparents—or even earlier—the door appears to be slamming shut.

But why now?

Esposito and others believe the decree was as much about political signaling as legal reform. "This wasn’t on the minds of average Italians," he told me. "It was framed as a national emergency, but the real goal is to control who belongs in the Italian future."

This isn’t without precedent. In 2022, the Meloni government proposed similar measures tied to language requirements and residency mandates. Those fizzled. But this time, they’ve moved faster—and more aggressively—under the cover of a temporary emergency law.

Is It Legal?

PortaleItaly’s team is highly skeptical that the decree is constitutional. Here’s why:

• Article 3 of the Italian Constitution guarantees equality before the law. Creating “tiers” of citizenship based on generational distance violates this principle.

• Retroactive application threatens to revoke or nullify existing recognition—something that violates not only Italian norms but European legal doctrine.

• Italy is a signatory to international treaties, including the 1961 Convention on the Reduction of Statelessness, that prohibit revoking citizenship arbitrarily or disproportionately.

The founder of PotaleItaly, Gianni Dell’Aiuto, stated:

These cases may argue retroactive harm or disproportionate restriction of rights tied to ancestral lineage… Legal action will likely focus on constitutional principles of equality, legal certainty, and the right to nationality.

Esposito, concurring, stated:

If there was to be an application of this new law retroactively, which we consider unconstitutional, it would be our plan to fight on behalf of our existing and future clients to defend their rights.

Legal scholars across Italy, including at the University of Milan and LUISS in Rome, have echoed these concerns. In an April editorial, Il Sole 24 Ore warned that the decree risks dragging Italy into lengthy constitutional litigation.

Sarah Renny, Director of Client Relations at PortaleItaly, framed the core issue succinctly:

If they limit a current petitioner to use their parents or grandparents as their qualifying ancestor… are they considered a different type of ‘citizen’ than the original qualifying ancestor? If not, then the newly recognized citizen can then qualify their children and grandchildren. If they are regarded as different, how is this not a violation of their rights under Article 3 of the Italian Constitution?

All valid questions that I think demonstrate that the decree is probably (if not certainly) doomed to fail.

What Happens Next: Three Paths Forward

According to Esposito, the decree has three possible outcomes:

1. Parliament adopts it unchanged – triggering immediate lawsuits in Italian and EU courts.

2. Parliament revises or weakens it – possibly removing the retroactive element or adding a grace period.

3. The decree expires after 60 days – a real possibility if internal divisions within Meloni’s coalition persist.

"We’re preparing for all three," Esposito said. "But based on what we’re hearing—even from people on the right—the most likely outcome is that it lapses."

That aligns with reporting from La Repubblica, which noted growing discomfort in Meloni’s own party about using emergency powers to restrict ancestral rights.

Still in the Process? Keep Going.

Despite the uncertainty, PortaleItaly advises clients to continue collecting documents and pursuing their claims.

Why?

• The decree may not survive.

• Retroactivity may be struck down.

• Future litigation could allow grandfathered or parallel claims to proceed.

PortaleItaly has also begun filing legal cases that rely on multiple qualifying ancestors—a strategy newly embraced after the “minor issue” ruling last year expanded the definition of valid lineage.

As Esposito stated:

Italy actually has one of the broadest variety of such options, and almost all of them can lead eventually to citizenship, albeit with varying speeds.

They’re also watching for a shift to the Irish model, where citizenship through grandparents is the cap, but descendants of recognized citizens can still qualify.

Reassurance, Not Retrenchment

Client inquiries haven’t slowed. In fact, interest is rising as more Americans view dual citizenship not just as a heritage project—but a geopolitical insurance policy.

PortaleItaly has issued detailed analyses of the decree to all clients. They’re also preparing a bundled legal strategy in case the law survives in whole or in part.

"We’re not charging extra for that," Esposito said. "We’re doing it because it’s the right thing to do."

Esposito continued, “If you were born an Italian citizen and a small faction of the Italian legislature is trying to infringe your rights, you fight it. Just like you would in any other circumstance that found you deprived of a birthright in any other country.”

If You Don’t Qualify: Other Legal Paths Still Exist

Italy offers a surprisingly broad range of residency options. Even if citizenship by descent is closed off, these are still on the table:

• Elective Residency Visa (suitable for retirees)

• Digital Nomad Visa (new as of 2024, for remote workers with income over 28,000 euros/year)

• Investor Visa (starting at 250,000 euros)

Each offers a path to permanent residency and eventual citizenship. It’s slower, but it’s real.

Italy’s demographic crisis means it still needs newcomers. The real question is whether it wants them to be passive tourists or full civic participants.

A Global Inflection Point

Beyond Italy, something more significant is happening.

I agree with Gianni’s top-line response to my questions about “why” and the decree in the first place: “This was never a public emergency. It was political posturing.”

Absolutely. And the politics are what concern me most in this situation.

A record number of Americans are seeking second citizenships and EU residency. Portugal has already tightened its golden visa program. Ireland shut down its own in 2023. Spain and Malta are under EU pressure to follow suit.

Political instability, economic fear, and a sense that the old order is breaking down are driving the flood. For many, the passport isn’t a symbol. It’s a lifeline.

Esposito compared it to the final weeks before a storm hits: “It's like that scene at the end of the original Ghostbusters where all the paranormal activity starts to spike right before the containment facility explodes and all hell breaks loose. We can see the buildup. And when it comes, it’s going to be fast.”

While the current discussion for this piece is on Italy, I’m concerned (and watching closely) that what Italy is doing isn’t the first move in a broader political framework of changing who can claim EU citizenship or EU residency through various routes. While this decree may fail, I doubt it is its last.

This decree might be doomed to fail, and even if it survives, it doesn’t necessarily preclude avenues for citizenship. But Meloni represents the “MAGA” of Europe. As I said in other pieces, she’s Trump, better dressed: Ferragamo instead of red hats from China. In that regard, I don’t think Meloni is in sync with the rest of Europe, which takes a more cosmopolitan view.

But that could all change as immigration ramps up from the U.S.

Right now, travel to the U.S. has fallen faster than a meteor. Nearly every country in the world has significantly slowed its tourism and business with the U.S. They can hardly be blamed for such actions, seeing as the U.S. immigration and border services detain, mistreat, and flout the law, regarding even lawful aliens and those who attempt to enter on a visa.

How long before the rest of the world decides, “Yeah, we don’t want Americans coming here either.” I don’t think that day is tomorrow, next week, or next month. I think the vast majority of those migrating bring education, jobs, money, businesses, and more. By and large, the people seeking citizenship through programs like those offered by Italy are upwardly mobile.

But these systems were in place when handfuls of Americans immigrated. If what I've written about happens, if we really see the Great American Exodus, then the question becomes how all of these countries react to an influx of hundreds of thousands of Americans in the span of a year. I think that part of this equation is mainly unknown. Again, that problem won’t be today, tomorrow, next week, or even this year. But eventually, it is going to be a policy problem confronting countries. Thus, Meloni’s rhetoric today may not resonate, but that’s not to say it will always be such.

Final Thoughts

The Italian citizenship decree may not last. That much became clear in my conversations with PortaleItaly. It’s likely to lapse, and even if it doesn’t, the courts will certainly gut its most extreme provisions.

But this won’t be the last fight—and the door isn’t fully closed.

What matters more than this one decree is its intent. Governments across the West are starting to reevaluate the generosity of their citizenship policies. Those questions are colliding with a rising wave of Americans looking to leave.

This isn’t some grand conspiracy. It’s policy friction. I’ve worked in government at the highest levels. I know how this plays out: You want what the newcomers bring—capital, skills, stability—but you must also manage the resentment of displaced locals.

You see it in immigration. But you also see it in real estate.

Look at Florida. When wealthier New Yorkers flooded in post-pandemic, housing prices tripled. Rents skyrocketed. Locals were priced out of their own neighborhoods. It wasn’t malice—it was market math. But it felt like dispossession.

Now imagine the same thing playing out in Tuscany.

People arrive with more wealth, education, and fewer ties to local identity. It's not hard to see how populists could recast “heritage citizenship” as backdoor colonization. Even if it’s false, the political energy is real. Trump tapped into that resentment in America. Meloni is doing the same in Italy—with better tailoring.

That’s the real threat. Not the decree. But what it signals.

The door isn’t shut. But it’s no longer wide open. And eventually, even cosmopolitan nations may decide to turn the lock.

So if you’re eligible for Italian citizenship by descent, act now. If you’re not, don’t panic. Other doors still exist. But they won’t stay open forever.

The clock is ticking.

And the rules are starting to change.

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1. Provided for reader comprehension. This is not an authoritative or legally binding translation:

Decree-Law: Urgent Provisions on Citizenship
(Adopted by the Council of Ministers, March 28, 2025)

Article 1 – Urgent Provisions Regarding Citizenship

1. A new article is inserted into Law No. 91 of February 5, 1992, after Article 3, titled Article 3-bis:

Art. 3-bis – Restriction on recognition of Italian citizenship for those born abroad

1. In derogation of Articles 1, 2, 3, 14, and 20 of Law No. 91/1992, Article 5 of Law No. 123/1983, Articles 1, 2, 7, 10, 12, and 19 of Law No. 555/1912, and Articles 4, 5, 7, 8, and 9 of the Civil Code (Royal Decree No. 2358/1865), a person born abroad—even before this article enters into force—and who possesses another citizenship, is deemed never to have acquired Italian citizenship unless one of the following conditions applies:

• a) Their citizenship status was recognized under the laws in effect on March 27, 2025, following a completed application submitted to a consulate or municipal authority by 11:59 p.m. (Rome time) on that date.

• b) Their citizenship was judicially confirmed under the laws in effect on March 27, 2025, through a legal case filed by 11:59 p.m. (Rome time) on that date.

• c) A parent or adoptive parent with Italian citizenship was born in Italy.

• d) A parent or adoptive parent with Italian citizenship resided in Italy for at least two years before the applicant’s birth or adoption.

• e) A grandparent (first-degree ascendant) of the parents or adoptive parents, holding Italian citizenship, was born in Italy.

2. The judicial procedures law (Legislative Decree No. 150/2011, Article 19-bis) is amended as follows:

• The title is changed to: “Disputes regarding the determination of statelessness and Italian citizenship.”

• The following clauses are added:

  • In cases involving the determination of Italian citizenship, testimony and oaths are not permitted, unless expressly allowed by law.

  • The burden of proof lies with the petitioner, who must demonstrate the absence of any legal impediments to the acquisition or retention of Italian citizenship.