Italy’s 160-Year Citizenship Dream Is Over: Constitutional Court Backs Dramatic Crackdown on Diaspora Ius Sanguinis
- Editorial Team
- 19 hours ago
- 3 min read
Updated: 2 minutes ago
Millions of Italian descendants worldwide just lost their automatic right to a passport — the Constitutional Court has sided with the government’s controversial new law.
In a landmark ruling announced on Thursday, Italy’s Constitutional Court delivered a crushing verdict that will forever change who can claim Italian citizenship by blood.
The court declared the challenges to the government’s March 2025 emergency decree “partially unfounded and partially inadmissible,” paving the way for one of the most restrictive citizenship reforms in modern Italian history.
The detailed written judgment is expected in the coming weeks, but the message is already crystal clear: the era of unlimited generational citizenship is ending.
What the New Law Actually Does
Under the 2025 decree (now upheld by the court), Italian citizenship by descent (ius sanguinis) will be limited to only those whose parent or grandparent was born in Italy.
If your Italian ancestor was born abroad (even if they never renounced citizenship), their children and grandchildren born outside Italy will no longer qualify.
Dual citizenship is effectively outlawed in the chain: the Italian-born parent or grandparent must have held sole Italian citizenship at the time of the child’s birth (or at their death if earlier).
This applies retroactively to pending applications and future claims.
The reform directly targets the massive global diaspora — estimated at 60–80 million people with Italian blood — who have used the old rules to reclaim citizenship decades or even centuries after their ancestors left.
A 160-Year Tradition Shattered
Since the Kingdom of Italy was born in 1861, the very first page of the 1865 Civil Code declared: a child born to an Italian citizen is an Italian citizen.
That principle survived two world wars, mass emigration, and multiple citizenship laws (1912 and 1992). Between 1861 and 1918 alone, 16 million Italians left for the Americas, Australia, and beyond — many keeping their citizenship alive so their children, grandchildren, and great-grandchildren could one day “return home.”
For generations of Italian-Americans, Italian-Argentinians, Italian-Brazilians, Italian-Australians, and others, the golden ticket was simple: prove the bloodline, submit documents, and claim your passport.
That chapter is now closing.
“Extremely Clear and Harsh” — Lawyers React
Professor Corrado Caruso, one of the lead lawyers challenging the law before the Turin court, told reporters the court’s intervention left little room for hope:
"The intervention was exceptionally blunt and severe. Although I had anticipated it would be deemed unconstitutional, that view was not upheld."
The four judges who referred the case to the Constitutional Court had argued the decree violated equality principles and the constitutional right to citizenship by descent. The court disagreed.
Why the Government Pushed This Change
The Meloni government introduced the decree in March 2025 citing “administrative overload” and the need to protect the integrity of Italian citizenship.
Critics say the real motivation was political: slowing the flood of applications (especially from South America and the United States) that have strained consulates for years.
Whatever the reason, the result is the same: thousands of families who were planning to apply in 2026 and beyond now face a hard cutoff.
What Happens Next?
Pending applications: Many already in the system may still be processed under old rules, but expect delays and stricter scrutiny.
New applications: Only those meeting the parent/grandparent-born-in-Italy test will qualify after the full judgment.
Appeals: Further legal challenges are expected, but with the Constitutional Court’s backing, the law is now on extremely solid ground.
Timeline: Full implementation details and the written verdict will be released soon — watch the Official Gazette and Italian consulate websites.
The Human Cost for the Diaspora
For many, this isn’t just paperwork — it’s identity.
A third-generation Italian-American who grew up speaking Italian at home and dreaming of moving to Tuscany.
An Argentinian family whose great-grandfather fled poverty in Calabria in 1908.
A Brazilian descendant planning to retire in Puglia.
All now face the same message from Rome: your bloodline ends here.
The “dolce vita” passport that once belonged to anyone with an Italian ancestor is being reserved for those whose connection to the motherland is much closer.
For the latest official updates and how this affects your specific case, check the Italian Ministry of Interior website and your local consulate announcements.
Need more Italy citizenship, visa, and diaspora news? Explore our complete collection here: Italy & Global Immigration Updates