Italy Tightens Citizenship-by-Descent Rules, Impacting Millions of Americans

Italy's Constitutional Court upholds new restrictions on who can claim Italian citizenship through ancestry.

Mar. 28, 2026 at 12:38pm

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Italy's Constitutional Court has rejected challenges to the country's recent changes to its citizenship-by-descent rules, upholding new limits on who can claim Italian citizenship through their ancestry. The rule changes, which went into effect in May 2025, state that only foreign nationals with Italian parents or grandparents who held solely Italian citizenship at the time of their descendant's birth or death can apply for citizenship, effectively excluding those with dual citizenship.

Why it matters

The new restrictions have been a devastating blow for millions of Americans with Italian roots who were previously eligible to apply for Italian citizenship under the old 'jure sanguinis' rules. Italy's government argued the previous rules allowed too many foreign nationals with little direct connection to the country to obtain a convenient passport, but the changes have torn apart families and left many would-be applicants in limbo.

The details

Until last year, Italy allowed foreign nationals with an Italian ancestor alive after March 17, 1861 to apply for citizenship. But after growing criticism, Italy passed an emergency decree in March 2025 that tightened the eligibility criteria, stating only those with Italian parents or grandparents who held solely Italian citizenship at the time of their descendant's birth or death could apply. This effectively excluded those with dual citizenship, cutting off an estimated 60-80 million people worldwide who were previously eligible.

  • In March 2025, Italy passed an emergency decree changing its citizenship-by-descent rules.
  • The new rules went into effect in May 2025.
  • On March 12, 2026, Italy's Constitutional Court rejected challenges to the new citizenship rules.
  • The Court of Cassation, Italy's highest legal authority, will hold a hearing on April 14, 2026 to consider further challenges to the new rules.

The players

Antonio Tajani

Italy's Minister of Foreign Affairs, who stated that 'being an Italian citizen is a serious thing' and 'it's not a game to get a passport that allows you to go shopping in Miami'.

Marco Permunian

A legal consultant and founder of Italian Citizenship Assistance, who said the change to the Italian citizenship law 'was done in an unjust and unfair manner, affecting countless individuals who have been eligible to apply and had shown interest by taking significant actions to submit their citizenship application'.

Marco Mellone

A citizenship lawyer who told CNN that the Constitutional Court's ruling 'doesn't mean the new law is 100 percent valid and forever' and that 'there is still space for argument for cases brought by Italian judges to the constitutional court'.

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What they’re saying

“Being an Italian citizen is a serious thing. It's not a game to get a passport that allows you to go shopping in Miami.”

— Antonio Tajani, Italy's Minister of Foreign Affairs

“The change to the Italian citizenship law 'was done in an unjust and unfair manner, affecting countless individuals who have been eligible to apply and had shown interest by taking significant actions to submit their citizenship application'.”

— Marco Permunian, Legal consultant and founder of Italian Citizenship Assistance

“The Constitutional Court's ruling 'doesn't mean the new law is 100 percent valid and forever' and that 'there is still space for argument for cases brought by Italian judges to the constitutional court'.”

— Marco Mellone, Citizenship lawyer

What’s next

The Court of Cassation, Italy's highest legal authority, will hold a hearing on April 14, 2026 to consider further challenges to the new citizenship-by-descent rules.

The takeaway

The tightening of Italy's citizenship-by-descent rules has left millions of Americans with Italian roots in limbo, with many families being 'ripped apart' by the new restrictions. While some legal avenues remain, the Constitutional Court's ruling has upheld the government's position, signaling a significant shift in Italy's approach to granting citizenship through ancestry.