New Italian Citizenship Rules Derail Dreams of Returning Home

Italy’s Constitutional Court upheld a law on March 12 that restricts the ability of descendants of Italian citizens to claim nationality, effectively blocking millions of people abroad from obtaining citizenship by descent.

The ruling affirms a 2025 law, often referred to as the “Tajani decree,” which limits citizenship eligibility to individuals who can prove they have an Italian parent or grandparent. This marks a significant departure from the previous application of jus sanguinis, or “right of blood,” which allowed descendants to claim citizenship if they could prove an Italian ancestor was alive after March 17, 1861, the year of Italy’s unification.

Restrictions on Jus Sanguinis

Under the previous rules, the lineage requirements were far more flexible, extending to great-grandparents and further back. This broad interpretation made Italian dual citizenship highly attractive to the global diaspora, as an Italian passport provides visa-free travel to a vast number of countries and the legal right to relocate and work within the European Union.

The modern restrictions target this broad eligibility. The shift has impacted descendants in several countries, including Canada and the United States, where the U.S. Census estimates nearly 17 million people have Italian ancestry.

Government Justification

The legislation was driven by Italian Foreign Minister Antonio Tajani, who argued that the citizenship-by-descent system was being abused. When the rule was first proposed in March 2025, Tajani criticized the surge of applications from people abroad seeking passports for convenience rather than a deep connection to the nation.

“Being an Italian citizen is a serious thing,” Tajani stated at the time, adding that it is “not a game to receive a passport that allows you to go shopping in Miami.”

Legal Challenges and Retroactivity

The law officially became active in May 2025. Following its enactment, legal challenges were brought before the Constitutional Court, with critics arguing that the restrictions should not apply retroactively to descendants born before the law was passed.

The court rejected these challenges, confirming that the tougher requirements apply regardless of the descendant’s birth date. This decision removes the legal path for those whose claims relied on ancestors beyond the grandparental level, regardless of when they intended to apply.

Courts are scheduled to consider additional constitutional challenges to the law in the coming months.