Italian Dual Citizenship for Americans: What the 2025 Reforms and March 2026 Constitutional Court Ruling Mean for You

italianamericans.com Editorial Team · Citizenship & Heritage · March 20, 2026

A Complete Guide to Eligibility, Alternative Pathways, Key Deadlines, and Your Next Steps

Article Summary: On March 12, 2026, Italy's Constitutional Court upheld Law 74/2025 — the "Tajani Decree" — confirming the most sweeping restrictions to Italian citizenship by descent (jure sanguinis) in modern history. Automatic citizenship recognition is now limited to descendants with a parent or grandparent born in Italy who meet specific conditions. The ruling affects millions of Italian Americans whose ancestry goes back three or more generations.

>

This guide explains exactly what changed, who is still eligible, what alternative pathways remain open, and the concrete steps you should take right now. Critical deadlines are approaching — including declarations for minor children (now extended to May 31, 2029) and a reacquisition window for former citizens (closing December 31, 2027). Additional court rulings expected in mid-2026 could further reshape the landscape.

In This Guide

1. 1.A Brief History: How Jure Sanguinis Worked Before 2025
2. 2.The Tajani Decree: What Happened on March 28, 2025
3. 3.Law 74/2025: The Parliament Confirms the Restrictions
4. 4.The March 2026 Constitutional Court Ruling: What It Decided
5. 5.Who Is Still Eligible for Italian Citizenship by Descent?
6. 6.Five Pathways That Remain Open Right Now
7. 7.Critical Deadlines: A Timeline You Cannot Afford to Miss
8. 8.The Centralization Reform: What Changes in 2029
9. 9.Upcoming Court Decisions That Could Change Everything
10. 10.Your Action Plan: Seven Steps to Take This Month
11. 11.Frequently Asked Questions
12. 12.Glossary of Key Terms
13. 13.Sources and Legal References

1. A Brief History: How Jure Sanguinis Worked Before 2025

For more than 160 years, Italian citizenship law operated on one powerful principle: jure sanguinis — the right of blood. If your ancestor was an Italian citizen at the time of their child's birth, and that citizen never formally renounced Italian nationality before the birth of the next generation, citizenship passed automatically through the bloodline. There was no generational limit. A fifth- or sixth-generation descendant in the United States could claim Italian citizenship just as readily as the child of an immigrant.

The legal basis was Law No. 555 of 1912, later updated by Law No. 91 of 1992, which reaffirmed the principle and clarified that dual citizenship was permitted after August 15, 1992. Under these rules, citizenship was not "granted" by Italy — it was recognized as having existed from birth. The process at Italian consulates or courts was administrative: you proved the unbroken chain of descent, and Italy confirmed what the law said had always been true.

For Italian Americans, this framework was transformational. Millions of families whose ancestors left southern Italy, Sicily, Campania, and Calabria during the great emigration waves of the late 1800s and early 1900s discovered they had a legal right to reclaim their heritage — and with it, an EU passport, the right to live and work anywhere in Europe, and a tangible reconnection to the land their nonni left behind.

That era is now over.

To understand just how large that demand had grown — ius sanguinis recognitions nearly tripled between 2021 and 2024, with courts surpassing consulates as the primary processing route for the first time — see our companion piece: Blood, Paper, and Belonging: Inside America's Italian Citizenship Surge.

2. The Tajani Decree: What Happened on March 28, 2025

On March 28, 2025, the Italian government issued Decree-Law No. 36/2025 — an emergency measure that bypassed parliamentary debate entirely. Championed by Deputy Prime Minister and Foreign Minister Antonio Tajani, the decree took effect immediately. It was signed by Prime Minister Giorgia Meloni, several cabinet ministers, and President Sergio Mattarella, and published in the official Gazzetta Ufficiale the same day.

In a brief, half-page text, the decree fundamentally rewrote the rules. Automatic transmission of Italian citizenship to persons born abroad who also hold another nationality was restricted to just two generations, and only under specific conditions. The government cited "extraordinary necessity and urgency" to limit automatic citizenship transmission, conditioning it on what officials described as "clear indices of effective ties" to Italy.

The reaction was immediate and intense. Diaspora communities across the Americas — where the overwhelming majority of jure sanguinis applicants reside — described the measure as a betrayal. Italian-language media called it the "decreto della vergogna" (decree of shame). Tens of thousands of applicants who had spent years and thousands of dollars gathering, translating, and apostilling documents were suddenly left with no clear path forward.

The Grandfather Clause: March 27, 2025 Cutoff

Critically, the decree included a transitional protection: anyone who had filed a citizenship application — whether at a consulate, an Italian municipality, or through a court case — by 11:59 PM Rome time on March 27, 2025, would continue to be processed under the previous rules. This also extended to applicants who had received a confirmed consular appointment before that deadline.

3. Law 74/2025: The Parliament Confirms the Restrictions

Under the Italian Constitution (Article 77), an emergency decree expires after 60 days unless ratified by Parliament. On May 20, 2025, the Chamber of Deputies voted to convert the decree into law. It was officially signed into Law No. 74/2025 on May 23, 2025, and the Ministry of the Interior issued Circolare No. 26185 on May 28, 2025, providing operational instructions.

The conversion process introduced some modifications, but the core restrictions remained intact. Law 74/2025 amended Article 3-bis of the base nationality law (Law No. 91/1992) and established the following eligibility framework for new applications filed after March 27, 2025:

The practical effect: for the vast majority of Italian Americans whose immigrant ancestor arrived in the late 1800s or early 1900s, the traditional jure sanguinis pathway to Italian citizenship is no longer available for new applications. Second-generation descendants will not be able to pass Italian citizenship to their own children under the new framework, leading to what critics describe as the gradual disappearance of Italian lineage among expatriate communities.

4. The March 2026 Constitutional Court Ruling: What It Decided

For months, the Italian American community and diaspora worldwide held out hope that Italy's Constitutional Court would strike down the restrictions. On September 17, 2025, the Tribunal of Turin formally referred the law to the Constitutional Court, citing serious doubts about whether the retroactive restrictions violated constitutional principles of equality, reasonableness, and legal certainty. The public hearing was scheduled for March 11, 2026.

On March 12, 2026, the Court issued its decision: the constitutional challenges were declared "partly unfounded and partly inadmissible." Law 74/2025 stands. The two-generation limit is constitutionally legitimate. The retroactivity argument was rejected. There is no automatic reopening for applications denied under the new rules.

What the Ruling Means in Plain Language

The Court found that the Italian government's interest in preventing abuse, managing overwhelming consular backlogs (some stretching decades), and preserving the integrity of citizenship outweighed the retroactivity concerns. The judges did not view citizenship recognition for distant descendants as an automatically "acquired right" — instead treating it as an administrative status that the state has the authority to redefine.

The full written opinion has not yet been published (expected April 2026), and legal experts note it may contain nuances not yet public. However, the practical reality is clear: the broad, unlimited-generation jure sanguinis pathway that existed for over a century is no longer available for new applications.

The critical takeaway: The legal battle has not ended, but it has changed shape. The question is no longer whether the Tajani Decree will survive — it has survived. The focus now shifts to how the law is interpreted, whether applicants fit within surviving exceptions, and what the remaining court cases decide.

5. Who Is Still Eligible for Italian Citizenship by Descent?

Despite the restrictions, several categories of people remain eligible as of March 2026:

Group 1: Pre-Cutoff Applicants (Fully Protected)

If you submitted a citizenship application — whether through an administrative procedure at a consulate or municipality, or through a court case in Italy — by 11:59 PM Rome time on March 27, 2025, your case continues under the previous, unlimited-generation rules. Approximately 60,000 cases fall into this category. If you received a confirmed appointment before that deadline, you are also protected.

Group 2: Parent or Grandparent Meeting New Criteria

You may still qualify if your parent was born in Italy and lived there for at least two consecutive years before your birth, or if your grandparent was born in Italy and held exclusively Italian citizenship at the time of your birth or their death.

Group 3: Those With Documented Pre-Decree Attempts

In February 2026, the Tribunal of Palermo ruled in favor of applicants who could prove they had attempted to apply before the March 2025 cutoff but were blocked by consulate delays. If you have documented evidence — such as emails, consular correspondence, or screenshots of appointment systems — showing you tried to apply before March 2025, your situation may be worth exploring with an attorney.

6. Five Pathways That Remain Open Right Now

Even for those who no longer qualify through the traditional jure sanguinis route, several viable alternatives exist:

Pathway 1: The 1948 Maternal Line Case

If your line of descent passes through a woman who gave birth to the next person in the chain before January 1, 1948, Italian law at the time did not allow her to transmit citizenship. However, in 2009 the Italian Supreme Court ruled this gender-based discrimination unconstitutional (Judgment No. 4466/2009). These "1948 cases" are pursued through Italian courts — not consulates — and are completely unaffected by Law 74/2025. This pathway bypasses the consular appointment system entirely, and multiple family members can be included on the same petition.

Who this helps: Anyone whose ancestry line includes a woman who had her child before 1948, regardless of how many generations back. There is no generational limit for 1948 cases.

Timeline: Typically 2–3 years from filing to final decision.

Pathway 2: Two-Year Residency in Italy

Any person of Italian descent — regardless of how many generations removed — can apply for Italian citizenship after living legally in Italy for two continuous years. Law 74/2025 did not change this pathway, and the reduced residency period (down from the standard 10 years for non-descendants) remains available. This requires proof of Italian ancestry, a clean criminal record, sufficient income, and legal residency. There is no generational limit.

Who this helps: Anyone willing and able to relocate to Italy for two years. Increasingly popular with remote workers and retirees.

Pathway 3: Citizenship by Marriage

If you are married to an Italian citizen, you can apply for citizenship after two years of marriage (if residing in Italy) or three years (if residing abroad). These timelines are halved if there are children of the marriage. This pathway is unaffected by the 2025 reforms.

Pathway 4: Reacquisition for Former Citizens (Deadline: December 31, 2027)

One of the few expansions under Law 74/2025 addresses individuals who were born in Italy and lost Italian citizenship before August 15, 1992 (when Law 91/1992 began permitting dual citizenship). These former citizens can now reacquire Italian citizenship by making a simple declaration between July 1, 2025, and December 31, 2027 — without needing to establish residency in Italy.

Who this helps: Older Italian Americans who were born in Italy but lost their citizenship when they (or their parents) naturalized as U.S. citizens before 1992.

Pathway 5: Minor Children Declaration (Deadline Extended to May 31, 2029)

If you are already an Italian citizen and have minor children born abroad, you can secure their citizenship through a "declaration of intent" submitted at your consular office. The original deadline was May 31, 2026, but Law No. 26 of February 28, 2026, extended this deadline to May 31, 2029. If a minor reaches age 18 during this period, they can submit the declaration themselves by the same deadline.

7. Critical Deadlines: A Timeline You Cannot Afford to Miss

8. The Centralization Reform: What Changes in 2029

On January 14, 2026, the Italian Senate approved Law No. 11/2026, which represents the most substantial procedural overhaul to citizenship processing in decades. The key changes:

• New Centralized Office: A dedicated Citizenship Directorate (Servizio per la Ricostruzione della Cittadinanza Italiana) will be created within the Ministry of Foreign Affairs in Rome, replacing individual consular processing for adult jure sanguinis claims.

• Transition Period (2026–2028): Consulates will continue accepting and processing applications, but each consulate's annual intake is capped at the number of applications it processed in 2025 (minimum 100).

• After January 1, 2029: All new adult applications must be submitted by registered mail to the centralized Rome office. Communication will be by email only — no more in-person appointments.

• Extended Processing Time: The maximum processing timeline increases from 24 to 36 months.

• Annual Quotas: For the first two years of the centralized office, the total number of applications accepted will be capped at the combined number of application fees collected by all consulates in 2025.

• Staffing: The Ministry of Foreign Affairs will hire 87 new employees starting in 2026, including specialist examiners.

What this means for you: If you believe you qualify under any current pathway, 2026–2028 may be your last window to file through your local consulate. Immigration attorneys are already advising eligible clients to prepare documentation immediately and file before the transition takes effect. Expect a rush of applications during this window.

9. Upcoming Court Decisions That Could Change Everything

While the March 2026 ruling was a setback, the legal chapter is not closed. Three significant proceedings remain:

The Supreme Court "Minor Issue" (April 11, 2026)

Italy's Supreme Court (Corte di Cassazione, Sezioni Unite) will hear arguments on whether a minor child automatically lost Italian citizenship when an Italian parent naturalized in another country. This is the long-standing "minor issue" that has produced conflicting lower-court rulings since 2025. If the Supreme Court rules in favor of descendants, it could reopen countless family lines that were previously considered broken — potentially allowing citizenship claims that would otherwise fail under both old and new rules. The court may also address the retroactivity of Law 74/2025 for people born before the law's enactment.

Second Constitutional Court Hearing (June 2026)

A second hearing before the Constitutional Court is scheduled for June 2026, challenging Law 74/2025 on broader procedural grounds. The central question: whether the Italian government's use of an emergency decree — bypassing normal democratic processes — was constitutionally appropriate for a reform of this magnitude. This argument was largely untested in the March hearing. If the Court finds merit in this procedural challenge, it could potentially invalidate the law, though legal experts consider this more likely to result in a procedural finding than a substantive reversal.

Additional Lower Court Challenges

Beyond the two major cases, challenges from the Tribunals of Mantua and Campobasso are still pending. The Campobasso court, in a significant February 2026 order, raised fresh constitutional concerns about the reform. These cases show that judicial scrutiny of the law is far from finished, and certain aspects could still be narrowed or revisited.

10. Your Action Plan: Seven Steps to Take This Month

Regardless of where you stand in the process, there are concrete actions you can take right now:

1. 1.Map your complete family tree back to your Italian-born ancestor. Identify every person in the chain, noting dates of birth, naturalization, marriage, and death. Pay special attention to whether any ancestor in the line was a woman who gave birth before 1948 — if so, a 1948 court case may be your strongest pathway.

1. 1.Determine whether you had any pre-March 27, 2025 filing activity. Check emails, consular receipts, appointment confirmations, and any correspondence with Italian consulates. The Palermo ruling shows that documented attempts to apply before the cutoff may have legal value.

1. 1.Gather and preserve all documents immediately. Italian vital records (birth, marriage, death certificates from the comune), U.S. vital records, naturalization records, and any other chain-of-custody documents. These take months to obtain. Start now.

1. 1.Consult a qualified Italian citizenship attorney. The landscape is now highly technical. A general immigration lawyer is not enough — you need someone who specializes in Italian citizenship law and who monitors developments at the Constitutional Court, the Corte di Cassazione, and individual tribunals in real time. Ask specifically about whether a 1948 case, the two-year residency route, or a pre-cutoff argument applies to your family.

1. 1.If you are an Italian citizen with minor children born abroad, file the declaration of intent at your consulate before the May 31, 2029 deadline. Do not wait. Consular processing can take months, and the deadline is firm.

1. 1.If you were born in Italy and lost citizenship before 1992, file your reacquisition declaration before December 31, 2027. This is a narrow but powerful window that does not require Italian residency.

1. 1.Monitor the April and June 2026 court decisions closely. The Supreme Court's April 11, 2026, ruling on the minor issue and the June 2026 Constitutional Court hearing could meaningfully change the legal landscape. Have your documents ready so you can act quickly if new pathways open.

11. Frequently Asked Questions

My great-grandparents came from Italy. Can I still get Italian citizenship?

Under the new rules, if your great-grandparents are the closest Italian-born ancestors in your line, you likely do not qualify for new applications filed after March 27, 2025. The two-generation limit means only children and grandchildren of Italian citizens meeting specific conditions can apply through the standard jure sanguinis route. However, if your line passes through a woman who gave birth before 1948, a court case may still be available. Consult an Italian citizenship attorney to evaluate your specific situation.

I filed my application before March 27, 2025. Am I safe?

Yes. Your application will be processed under the previous rules. Focus on ensuring your documents are complete and respond promptly to any consular requests.

Is the 1948 maternal line case still available?

Yes. The 1948 court pathway is entirely unaffected by Law 74/2025. It operates through a separate judicial process in Italian courts and remains active regardless of the March 2026 Constitutional Court ruling.

What is the "minor issue" and why does it matter?

The "minor issue" concerns whether a child automatically lost Italian citizenship when an Italian parent naturalized in another country under the 1912 law. This has produced conflicting court decisions. The Supreme Court is expected to resolve this in April 2026. A favorable ruling could reopen many family lines that were considered broken.

Can I move to Italy and get citizenship that way?

Yes. Any person of Italian descent can apply for citizenship after two continuous years of legal residency in Italy. This pathway has no generational limit and was not changed by Law 74/2025. You will need proof of Italian ancestry, a clean criminal record, and sufficient financial resources.

What happens after 2029 when applications are centralized?

Starting January 1, 2029, all adult jure sanguinis applications must be submitted by mail to a centralized office in Rome. Annual quotas will apply, and processing may take up to 36 months. Consulates will continue handling applications through the end of 2028, so filing during the 2026–2028 window may be advantageous.

I spent thousands of dollars on documents. Is that money wasted?

Not necessarily. Your documents may still be useful for a 1948 case, a residency-based application, or a future legal challenge. Italian vital records, in particular, retain their value. Do not discard anything. Consult an attorney about whether any pathway remains available for your specific family line.

Are there organizations advocating for Italian Americans on this issue?

Yes. The Italian Sons and Daughters of America (ISDA) has been actively engaging with Italian officials. In February 2026, ISDA President Basil Russo met with Deputy PM Tajani and Ambassador Peronaci in Washington, D.C., to advocate for restoring eligibility for Italian Americans. Other organizations and diaspora groups continue to push for reforms.

12. Glossary of Key Terms

• Jure sanguinis — Latin for "right of blood." The principle that citizenship is transmitted from parent to child through descent, regardless of place of birth.

• Law 74/2025 (Tajani Decree) — The 2025 Italian law that introduced a two-generation limit on automatic citizenship transmission for descendants born abroad.

• Article 3-bis — The specific provision of Law 91/1992 (as amended) that defines the new eligibility criteria for jure sanguinis claims.

• 1948 Case — A judicial pathway for descendants whose lineage passes through a woman who gave birth before January 1, 1948, when Italian law did not allow women to transmit citizenship.

• Comune — An Italian municipality. Vital records (birth, marriage, death certificates) are maintained at the comune level.

• AIRE — Anagrafe degli Italiani Residenti all'Estero. The registry of Italian citizens living abroad.

• Corte di Cassazione — Italy's Supreme Court. Its Sezioni Unite (United Sections) issue binding decisions on points of law.

• Circolare — An administrative memorandum issued by the Italian government providing operational instructions for implementing a law.

• Minor Issue — The legal question of whether a child automatically lost Italian citizenship when an Italian parent naturalized in another country under the 1912 law.

• Erga Omnes — Latin for "toward all." A Constitutional Court ruling with erga omnes effect applies to everyone, not just the parties in the case.

13. Sources and Legal References

1. 1.Law No. 91 of February 5, 1992 — Italy's base nationality law (Legge sulla cittadinanza).
2. 2.Law No. 555 of June 13, 1912 — Italy's prior nationality law governing citizenship transmission.
3. 3.Decree-Law No. 36 of March 28, 2025 — The original emergency decree (Tajani Decree).
4. 4.Law No. 74 of May 23, 2025 — Parliamentary conversion of Decree-Law 36/2025.
5. 5.Ministry of the Interior, Circolare No. 26185, May 28, 2025 — Operational instructions for implementing Law 74/2025.
6. 6.Constitutional Court of Italy, Press Release, March 12, 2026 — Decision on the constitutionality of Law 74/2025.
7. 7.Law No. 11 of January 19, 2026 (Bill 1683) — Centralization of citizenship processing.
8. 8.Law No. 26 of February 28, 2026 — Extension of the minor children declaration deadline to May 31, 2029.
9. 9.Corte di Cassazione, Judgment No. 4466/2009 — Established the unconstitutionality of gender-based citizenship discrimination pre-1948.
10. 10.Tribunal of Palermo, February 2026 — Ruling allowing applicants who proved pre-decree appointment attempts to proceed under prior rules.
11. 11.Tribunal of Campobasso, Order of February 5, 2026 — Raised fresh constitutional concerns about Law 74/2025.
12. 12.Tribunal of Turin, Referral of September 17, 2025 — Referred Law 74/2025 to the Constitutional Court.
13. 13.Italian Consulate General of New York, Citizenship Information Page (2026).
14. 14.Italian Sons and Daughters of America (ISDA), March 2026 statement.

This article is provided for informational and educational purposes only. It does not constitute legal advice and should not be relied upon as a substitute for consultation with a qualified Italian citizenship attorney. Italian citizenship law is complex, evolving rapidly, and highly dependent on individual circumstances. The Constitutional Court's full written opinion has not yet been published as of this writing, and additional court decisions expected in 2026 may alter the legal landscape. Always consult a licensed attorney who specializes in Italian citizenship law for guidance specific to your case.