US families challenge Italian citizenship law limiting descent claims in Supreme Court.
Two American families are currently appealing to Italy’s highest court to contest the provisions of a citizenship law enacted by the government of Prime Minister Giorgia Meloni. This law, which has been in place for a year, restricts citizenship claims to individuals whose Italian ancestors immigrated more than two generations ago.
Legal representatives for the families, including attorney Marco Mellone, presented their arguments before the Court of Cassation in Rome. Mellone’s assertion is that the law should apply only to individuals born after its enactment, allowing a significant number of descendants—potentially millions living in the United States and Latin America—an opportunity to apply for Italian citizenship. A separate legal representative also presented the case of Italian descendants currently residing in Venezuela. A definitive ruling from an expanded panel of judges is anticipated in the coming weeks, and this decision will set a binding precedent for lower courts.
The current legislation, introduced by the conservative government in March 2025, effectively rescinded previous regulations that permitted individuals with documented ancestry dating back to Italy’s unification in 1861 to claim Italian nationality. Last month, Italy’s constitutional court upheld the validity of this new law. However, Mellone emphasized that the supreme court possesses the authority to further delineate the law’s reach.
The case brought by the two families is significant, as it could potentially clarify citizenship rights for the descendants of approximately 14 million Italians who emigrated between 1877 and 1914, as stated by the Italian Foreign Ministry. While only two families are formally involved in the appeal, many others whose citizenship claims have been affected rallied outside the courthouse in support.
Among those present was Karen Bonadio, who expressed her desire to move to Italy based on her ancestry. She shared personal photographs that illustrate her family heritage, including her great-grandparents who emigrated from Basilicata in southern Italy to New York state.
The new law has prompted debates surrounding the familial definitions applicable to citizenship claims. Several cases similar to this one, such as that of Jennifer Daly, have faced challenges in the Italian legal system. Daly has been pursuing her claim for nearly a decade, stemming from her grandfather’s immigration to the U.S. from the province of Trento in 1912.
In this complex legal landscape, individuals like Alexis Traino, who have strong ties to their Italian heritage, are now confronted with the realities of new restrictions, compelling them to navigate the evolving parameters of citizenship by descent on a personal and legal level. With such cases unfolding, the outcomes of these appeals could have broad implications for the citizenship rights of Italians abroad and their descendants.
The ruling from the Court of Cassation is not only crucial for the families involved but may also reshape the landscape of Italian citizenship law for generations to come.
