Italy Ends (Effectively) Jus Sanguinis for Italian-American Descendants
A new decree limits ancestral-based citizenship claims. Here's what happened—what it used to mean, and what it means now.
UPDATE (3/31/25): I have updated my views on this outcome. While the analysis in this piece is still accurate, the final destination of this decree now seems in doubt. Read here.
Update (5/21/25): Apparently, next Tuesday (May 27, 2025) the legislature has to either get it done or the whole thing falls apart. Based on everything I have heard, it sounds like the “final law,” that will pop out will limit who qualifies in order to obtain citizenship. I don’t want to prejudice the analysis until I can see the law (I don’t want to make the same mistake thrice), but, based on what I’ve heard, it does not sound encouraging.
I’ve been told that in the final law, lineage qualification is unlikely to extend beyond your grandparents. It’s also likely to have other “conditions” involving residency, language requirements, etc. Again, I don’t want to say for sure what it will be until we see what it is, but, the only thing that seems most likely is, the way it “was” before, is gone, and that in the future it will be considerably more difficult for those living outside of Italy of Italian hertiage to claim Italian citizenship without immigrating to Italy.
Thus, my instincts about what was going on seem to have ultimately been proven correct. This is a first step towards long-term immigration restrictions. The other aspect I’ll offer is that even if this new law passes and is enacted, that is not necessarily the end of this story. There will be legal challenges in Italy and possibly legal challenges before the European Court of Justice. The challenge that poses for Americans seeking their citizenship, however, is that all of those legal machinations could take years, and for many, time is not on their side.
On March 28, 2025, Italy’s Prime Minister issued a sweeping new decree that closes the door—functionally, if not technically—on jus sanguinis citizenship for millions of descendants of Italian emigrants, particularly those residing in the United States. The policy requires an “effective bond” (vincolo effettivo) between the applicant and the Italian state.
That phrase, though deliberately vague, does one thing very clearly: it disqualifies anyone without recent, close, and tangible ties to Italy—like having a parent or grandparent born there, or having recently lived in the country. The days of applying from abroad with a great-grandparent’s birth certificate and a stack of notarized documents are over.
If you are already an Italian citizen by descent, in other words you already have your declaration, your passport, etc., this will not affect you. The decree is not retroactive. All those who were determined on or about March 27, 2025, are not affected by the decree’s measures. However, if you were starting the process (as I was), or if you are in the middle of the process waiting for Consulate access, or a judicial determination, this decree likely negatively impacts your case, if not dismissing your claims outright. It’s important to immediately inquire with your team or legal advisors if you are in that position. For me, I’ve concluded my route to citizenship is precluded (I’m waiting for the determination of my team, but I can read political speak as an expert, and I see the writing on the wall.)
The decree is being pitched as a cleanup measure—one intended to curb abuse and restore dignity to Italian citizenship. But for the thousands of Italian-Americans and others across the diaspora who were deep into the process—or just beginning—it feels like a betrayal. And not just a bureaucratic one.