On Friday, March 28, 2025, the Italian government announced a new decree-law that significantly alters the process for obtaining Italian citizenship. This change directly impacts descendants of Italians living abroad. As of midnight on March 28, only first and second-generation descendants—children or grandchildren of Italians born abroad—will qualify for Italian citizenship.
According to Minister of Foreign Affairs Antonio Tajani, the reform aims to prevent citizenship from being treated as a commercial product and to ease the burden on Italian consulates and municipalities, which have been overwhelmed by a high volume of applications.
“Nationality cannot simply be a tool for traveling to Miami with a European passport,” Tajani stated in a press conference in Rome.
Understanding the decree-law
The measure in question is Decree-Law No. 36/2025, published in the Italian Official Gazette (Gazzetta Ufficiale) on March 28, 2025. This decree introduces Article 3-bis into Law No. 91/1992, redefining Italian citizenship criteria.
Under this decree, descendants of Italians born abroad who already hold another nationality are now considered non-citizens. More controversially, the rule applies retroactively, affecting individuals born before the decree was enacted—a direct violation of the principle of non-retroactivity in citizenship law.
The decree was proposed by Antonio Tajani, Deputy Prime Minister and Minister of Foreign Affairs of Italy.
What is a decree-law?
In Italy, a decree-law is an emergency legislative measure enacted by the government in cases of urgent necessity. According to Article 77 of the Italian Constitution, decree-laws take immediate effect but must be approved by Parliament within 60 days—otherwise, they automatically expire.
During this period, Parliament can approve, modify, or reject the decree, altering its legal impact from the date of publication.
How does the decree change citizenship rules?
If you have Italian ancestry, you’ve likely heard of jus sanguinis, the principle that grants citizenship based on family lineage. Thanks to this rule, many descendants of Italian immigrants—especially grandchildren and great-grandchildren—have obtained an Italian passport through their heritage.
Until now, applicants needed only to prove they had an Italian-born ancestor alive after March 17, 1861 (the date of Italy’s unification) to qualify, regardless of how many generations had passed.
However, with the implementation of the new decree:
- Only children and grandchildren of Italians born in Italy will be eligible for Italian citizenship by descent.
- If a person’s parents or grandparents obtained Italian nationality but were born outside of Italy, their descendants will no longer be able to claim citizenship.
- This policy took immediate effect for applications submitted after midnight on March 28. Requests filed before 11:59 PM on March 27 will still be processed under the old rules.
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Impact on Italian descendants
It is important to highlight that Italian immigration peaked between 1880 and 1924, with more than four million Italians arriving in the U.S., with half coming between 1900 and 1910, most fleeing extreme rural poverty in Southern Italy and Sicily. Today, Italian Americans represent the fifth-largest ethnic group in the country.
These dates matter because they indicate that most Italian descendants today are great-grandchildren of immigrants, meaning a majority have now lost their right to citizenship under this decree.
Important: This change does not affect individuals who already hold Italian citizenship or an EU passport.
What does the original law say?
Currently, Italian citizenship is regulated by Law No. 91 of February 5, 1992, which outlines jus sanguinis as the main criterion for acquiring nationality. Under this principle, citizenship extends to all Italian descendants, regardless of their birthplace.
Before the decree, the law recognized Italian citizenship as a birthright for those with Italian ancestry, provided the applicant could provide proof of their lineage.
Why is the decree controversial?
The principle of jus sanguinis and Law No. 91/1992 guarantee Italian citizenship from birth, yet the March 28 decree retroactively removes this right from descendants born before its enactment who had not yet applied.
Italy’s legal system prohibits retroactive laws, meaning rights granted at birth should not be revoked. Citizenship applications are considered declaratory actions, rather than constitutive ones—meaning individuals do not “gain” a new right but rather formalize what they already possess.
Additionally, under this decree, individuals who already hold Italian citizenship or have ongoing applications cannot pass their nationality to their children.
Another major concern is whether the decree truly meets “urgency” criteria, which is a necessary condition for decree-laws. The government’s justification for urgency is the overwhelming demand on Italian administrative institutions. However, critics argue this raises an important question:
Is the decree truly urgent, or does it highlight a failure of Italy’s administrative system to efficiently process citizenship requests?
No citizen should have to go through judicial proceedings to secure their right to nationality. Ideally, Italian citizenship should be recognized administratively, within the legally defined timeframe.
What happens in the next 60 days?
Once a decree-law is enacted, Italy’s Parliament has 60 days to review its validity.
During this period, both Parliament and the Constitutional Court will assess whether the decree will be amended, repealed, or declared unconstitutional. The Constitutional Court is set to evaluate the matter in June 2025.
For now, applicants should avoid canceling existing procedures or making rushed decisions, as legislative changes could still happen before the 60-day window expires.
Perspective from io.citizen
Our CEO Matheus Reis believes that, while Parliament holds a majority in favor of the current government, opposition voices are growing. New legislative proposals—both from left-wing and right-wing officials—are emerging to counter this decree.
If Parliament approves the decree, judicial review by Italy’s higher courts (such as the Court of Cassation and the Constitutional Court) will be the next step. These courts are scheduled to examine citizenship laws on June 24, 2025.
It is expected that Italy’s judicial system will uphold legal security, and the absurdity of this decree will be acknowledged. However, certainty is impossible at this stage, and we will need to monitor developments over the next 120 days. Affected families are encouraged to stay informed, as there may be a window of opportunity to file applications before stricter regulations take effect.
At io.citizen, we will continue closely tracking the situation, ensuring transparency and responsible action. “If necessary, I will take this matter to the Constitutional Court, participate in hearings, and mobilize to protect your rights,” states Matheus Reis.
Our mission remains unchanged: to ensure fair and legal access to Italian citizenship, backed by a specialized and dedicated team. Stay tuned to this page for ongoing updates on Italian citizenship rights and legislative developments.
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Updates by Date
April 16, 2025 – Official Petition Launched with Proposed Changes.
Italian citizenship service providers have come together to protect the rights of the community. An official petition has been created to request modifications to Decree-Law No. 36 of 2025. This document, accompanied by a technical opinion justifying the requested changes, will be delivered directly to Minister Antonio Tajani.
April 16, 2025 – Senate Debate Pressures for Adjustments to Citizenship Restrictions.
The Italian Senate recently debated Decree-Law 36/2025, which restricts citizenship recognition by descent (jus sanguinis). The discussion, held on April 15, 2025, in the Constitutional Commission, revealed strong criticism, proposed amendments, and possible government openness to adjustments.
The debate highlighted deep divisions: concerns over abuse and administrative costs versus the defense of jus sanguinis as a fundamental right. The expectation is that proposed amendments will moderate the law, preventing legal and cultural setbacks. If the decree remains unchanged, legal challenges in Italian and international courts are anticipated, as well as diplomatic tensions with Italy’s global diaspora.
April 15, 2025 – Latin American Ambassadors Meet in Rome.
Ambassadors from Latin American countries, including Brazil, gathered in Rome to discuss the impact of the new Italian citizenship decree (approved on March 28, 2025). This regulation affects millions of individuals of Italian descent in the region.
The meeting, hosted by lawmakers Fabio Porta (PD) and Franco Tirelli (MAIE-Noi Moderati), took place at the Chamber of Deputies and included diplomats from Chile, Colombia, Bolivia, and Cuba. International opposition to the decree continues to grow, as critics argue it disregards the significance of Italian-descendant communities and may trigger diplomatic disputes. Advocates expect the Senate to review the legislation to minimize social and political harm.
April 10, 2025 – Former President of the Venice Court Criticizes Citizenship Law.
Former President of the Venice Court, Salvatore Laganà, condemned Decree-Law 36/2025, stating that the new regulations undermine acquired citizenship rights, create legal uncertainty, and harm individuals previously deemed eligible for Italian citizenship.
April 9, 2025 – Petition Against Citizenship Restrictions Surpasses 100,000 Signatures.
The Italian-descendant community is actively mobilizing against Decree-Law 36/2025, which limits citizenship by descent (jus sanguinis). An online petition, launched by affected individuals and supporters, has gathered over 100,000 signatures, increasing pressure on the Italian government to repeal the measure. Critics emphasize concerns about historical and legal disruptions caused by the decree.
April 4, 2025 – Protest in Rome Against Citizenship Restrictions.
A group of Italian descendants, primarily Brazilians, protested in Rome against Decree-Law 36/2025, which restricts citizenship eligibility based on descent (jus sanguinis). The demonstration took place on April 4, 2025, at Piazza dei Santi Apostoli, with around 150 participants of various nationalities.
Protesters carried signs reading “Anche noi siamo italiani” (“We are also Italian”) and “Decreto della vergogna” (“Decree of shame”), criticizing the law’s constitutionality and lack of transparency. The decree is part of a controversial political agenda that attempts to replace jus sanguinis with jus soli (citizenship by birth in territory) or jus culturae (citizenship based on cultural ties). Legal experts and politicians have warned that this shift could lead to judicial insecurity and harm Italy’s international reputation.
March 28, 2025 – Decree-Law Published.
Decree-Law No. 36/2025 was officially published in the Italian Official Gazette (Gazzetta Ufficiale).
