Italian citizenship is a unique bond that connects individuals to a rich cultural and historical heritage. For descendants of Italian emigrants in the United States, obtaining Italian citizenship is not just a recognition of their origins but also an opportunity to reconnect with their past and acquire new rights. However, the process of obtaining citizenship iure sanguinis can be complex, especially for those whose line of descent has been interrupted by events such as a parent’s naturalization in a foreign country.
Recent legislative and judicial developments, including Ministry of Interior Circular No. 43347 of October 3, 2024, have introduced new interpretations of Italian citizenship Law 555 of 1912, offering greater clarity and opportunities for those wishing to affirm their right to citizenship.
Law 555 of 1912 and the Principle of Iure Sanguinis
Law 555 of 1912 is a cornerstone in the regulation of Italian citizenship, based on the principle of iure sanguinis (right of blood). This principle grants the right to Italian citizenship to children born to Italian parents, regardless of their place of birth.
However, the law also stipulates that an Italian citizen who voluntarily acquires foreign citizenship automatically loses their Italian citizenship. This loss extended to minor children residing with the parent at the time of naturalization. This rule applied even to children born in countries like the United States, where the principle of jus soli (right of the soil) grants dual citizenship at birth.
Interruption of Citizenship Transmission
If an Italian parent naturalizes as a citizen of another country, their minor child automatically loses Italian citizenship. From the date of naturalization, the ability to pass Italian citizenship to future descendants is considered interrupted.
For example, a child born in the United States to an Italian father would initially be entitled to dual citizenship: Italian by descent (iure sanguinis) and American by birth (jus soli). However, if the father naturalizes as an American citizen while the child is still a minor, both lose their Italian citizenship under the provisions of the 1912 law.
Reacquiring Citizenship
Not all is lost for descendants who wish to have their right to Italian citizenship recognized. The law provides that an individual who lost their citizenship as a minor can reacquire it upon reaching adulthood, provided they make an express declaration to that effect.
This clause is critical for those seeking to restore their line of citizenship transmission. If the applicant can demonstrate in court that their ancestor, after losing Italian citizenship, subsequently reacquired it before the direct descendant’s birth, the right to citizenship can be recognized. This involves submitting the necessary documentation, including translated Italian certificates, to the consulate.
Recognition of Citizenship in Court
Recent interpretive rulings by the Court of Cassation, including Cass. Civ. Sez. I, ord. no. 454/2024 and no. 17161/2023, have clarified important aspects of the right to citizenship iure sanguinis. The Ministry of Interior’s 2024 circular emphasizes that citizenship applications can also be recognized through Italian courts, providing an alternative route for those facing obstacles in standard consular administrative procedures.
For those interested in these developments, the article Italian citizenship loophole: The new rulings on Italian citizenship by descent explains how civil courts in Italy interpret the law and how to secure formal citizenship recognition from an Italian judge.
Opportunities for Descendants of Italian Emigrants
The combination of Law 555 of 1912, recent judicial developments, and ministerial interpretations offers new opportunities for descendants of Italian emigrants. Acquiring Italian citizenship is not just symbolic; it also provides practical benefits such as access to the European Union’s healthcare, education, and labor systems.
Engaging with legal experts in Italian citizenship is essential to navigating the bureaucratic and legal complexities successfully. With proper preparation and a thorough understanding of the new regulations, descendants of Italian emigrants can reclaim their right to belong to one of the world’s richest cultures.
