(ITALY) — Italy’s 2025 “citizenship crackdown” remains in force as of Wednesday, January 7, 2026, but two high-court tracks are moving toward decisions that could validate, narrow, or upend major restrictions on citizenship by descent for millions of applicants abroad.
What changed — and when it became effective
The reform traces to Decree-Law No. 36/2025 (often called the “Tajani Decree”), which was later converted into Law No. 74/2025 in May 2025. In practice, consular processing tightened immediately after the decree, with transition rules tied to a late-March 2025 cutoff.
Key features include:
- Generational limit: Recognition of citizenship jure sanguinis is now restricted to descendants of an Italian parent or grandparent born in Italy, replacing the prior approach that often allowed claims reaching back to 1861 without a fixed generational cap.
- “Effective bond” requirement: Certain applicants must show a genuine connection to Italy, such as recent residence or language proficiency, depending on the applicant category and implementing practice.
- The “minor issue”: Ongoing litigation concerns Article 12.2 of Law 555/1912, a disputed rule that could cut off citizenship transmission for children when a parent naturalized abroad while the child was still a minor.
The Italian Constitutional Court has scheduled a public hearing for March 11, 2026 to examine the constitutional legitimacy of the new framework as inserted into Law 91/1992.
Sources and official notices
Administrative impacts were signaled through official consular channels.
- The Italian Embassy in Washington, D.C. issued an urgent notice on March 30, 2025, stating it had temporarily suspended appointments for documentation submissions for iure sanguinis recognition and suspended new bookings via the Prenot@mi portal. (Official notice available at esteri.it.)
- The Italian Constitutional Court placed the matter on its calendar for March 11, 2026, with a decision widely expected in April or May 2026, though timing can vary.
- The U.S. State Department continues to publish dual nationality guidance through the U.S. Embassy and Consulates in Italy, but it does not decide questions of Italian nationality. (See: U.S. Embassy and Consulates in Italy.)
Who is affected
The reform most affects applicants whose claims relied on an Italian great-grandparent or earlier generation, notably significant populations in the United States, Brazil, and Argentina.
Groups most affected include:
- Prospective applicants who had not locked in a consular filing slot by late March 2025.
- Families with minors trying to preserve citizenship transmission to children born abroad.
- Litigation-track applicants pursuing recognition in Italian courts, where retroactivity and the “minor issue” may be decisive.
Practical impact — what the change means in real cases
For many Italian descendants in the U.S., the most immediate effect is that a family line once considered viable may now fail if the closest Italian-born ancestor is a great-grandparent rather than a parent or grandparent.
Examples seen in practice:
- A U.S. applicant with an Italian great-grandfather born in Italy may no longer qualify for administrative recognition at a consulate under the generational limit.
- An applicant tracing lineage to an Italian grandparent born in Italy may still face added proof demands tied to an “effective bond”, depending on local application of the rule.
- A family whose ancestor naturalized in the U.S. while a child was a minor may be affected by the contested “minor issue”, which could sever transmission.
Warning (Travel/Status): Italian citizenship disputes generally do not confer U.S. immigration status. Do not assume a pending Italian process changes U.S. visa, ESTA, or removal-risk issues.
Pending high-court challenges and what they may address
Two separate high-court lanes are central to the future of the reform:
- Constitutional Court review (public hearing scheduled for March 11, 2026)
– The Court is expected to examine whether the 2025 changes violate constitutional principles, including equality and limits on retroactivity.
2. Supreme Court (Corte di Cassazione) track
– A separate track is expected to address the “minor issue” and whether Law 74/2025 can apply retroactively to pending court cases.
– A hearing reportedly set for January 13, 2026 was described as postponed into Spring 2026.
Because outcomes can vary by procedural posture, applicants should assume uncertainty will persist through at least mid‑2026.
Deadline Callout: The transition cutoff is widely described as 11:59 PM Rome time on March 27, 2025 for applications submitted or appointments confirmed; those filings are generally treated under prior rules.
Transition rules and “grandfathering”
The most important transition concept is the March 27, 2025 cutoff. Applicants who had a submission completed or an appointment confirmed by that time are generally described as “grandfathered” under the prior framework, though individual consular practice may differ.
- Families with minors may face a structured declaration process with a reported deadline of May 31, 2026, or later reliance on residence-based pathways.
Deadline Callout (Minors): Some minors’ cases may turn on a May 31, 2026 declaration deadline. Families should confirm the correct procedure with the relevant consulate or Italy-qualified counsel.
U.S. immigration intersections to keep in mind
For U.S. readers, Italian citizenship recognition commonly relates to U.S. immigration only indirectly. Potential intersections include:
- Dual nationality planning, such as travel documentation and consular protection expectations.
- Derivative family strategy, where a newly recognized Italian citizen later exercises EU-related mobility options — not U.S. INA pathways.
Key legal distinctions:
- U.S. immigration benefits are governed by the Immigration and Nationality Act (INA) and DHS regulations, not Italy’s nationality law.
- Examples: U.S. naturalization follows INA § 316; removability can involve INA § 237. These U.S. provisions are separate from Italian citizenship rules.
Recommended actions and timeline (January–May 2026)
- Now (January 2026)
– Confirm whether your case qualifies under the March 27, 2025 cutoff.
– Collect proof of appointment confirmation and submission receipts.
2. Before March 11, 2026
– Monitor the Constitutional Court docket and your consulate’s updates.
– Be prepared for shifting documentary requirements.
3. Spring 2026
– Watch the Cassazione calendar for the “minor issue” track; court decisions could change outcomes for pending litigation cases.
4. Before May 31, 2026 (if applicable)
– Families with minors should confirm whether a declaration is required and what evidence is needed.
Action Callout: If considering Italian-court litigation, consult an Italy-qualified attorney. U.S. immigration counsel can coordinate where dual nationality affects U.S. travel or status planning.
Official resources
- Italian Official Gazette (Law 74/2025)
- Italian Ministry of Foreign Affairs (citizenship pages)
- U.S. Embassy and Consulates in Italy (dual nationality guidance)
⚖️ Legal Disclaimer: This article provides general information about immigration law and is not legal advice. Consult a qualified immigration attorney for advice about your specific situation.
Resources:
– AILA Lawyer Referral
The 2025 Italian citizenship reform introduces a two-generation limit and ‘effective bond’ requirements, moving away from unlimited ancestral claims. With a March 2025 cutoff for old rules, many applicants are now in limbo. The Constitutional Court’s upcoming March 2026 hearing is the next major milestone, as it may validate or strike down these restrictions, impacting millions of descendants in the U.S. and South America.
