Italy’s highest court is set to deliberate on a pivotal legal challenge initiated by two American families over a citizenship law that affects descendants of Italian emigrants. The legislation, introduced by Giorgia Meloni’s government, restricts citizenship claims to individuals with Italian ancestry beyond two generations. The outcome could significantly impact millions of people in the United States and Latin America.
Representing the families, lawyer Marco Mellone argued before the Cassation Court that the law should be applicable only to those born after its enactment. A decision by the court’s expanded panel, which would be binding on lower courts, is anticipated soon. The law, passed in March 2025 by the conservative government, curtails previous provisions that allowed anyone proving ancestry post-1861 to apply for Italian citizenship. Although Italy’s constitutional court has validated the law, Mellone contends that the supreme court can define its scope more clearly.
“The families involved in this case are simply descendants … from an Italian ancestor who emigrated in the late 19th century to the United States, like millions of other people, of other Italians,’’ stated Mellone prior to the hearing. “Today they are invoking their right to Italian citizenship.’’
This legal challenge seeks to address the citizenship rights of descendants of approximately 14 million Italians who emigrated between 1877 and 1914, as per Foreign Ministry data.
In a show of solidarity, a group of individuals whose citizenship claims were halted by the law gathered outside the courthouse. Among them was Karen Bonadio, who aspires to relocate to Italy based on her heritage. She showcased photos and birth certificates of her Italian-born great-grandparents from Basilicata who moved to New York.
She expressed, “The new law says, ‘all these great-grandchildren didn’t know their great-grandparents.’ This is from 1963, I think I was 3 ½,’’ referring to a photograph.
One case Mellone is handling was previously dismissed in lower courts due to interpretations that Italian emigrants who naturalized elsewhere before having children could not pass on Italian citizenship. Jennifer Daly’s case exemplifies such challenges. Her grandfather emigrated from Trento in 1912, later becoming a U.S. citizen. Despite her anglicized surname, Daly, a retired history professor, emphasized her Italian identity and pursued citizenship as a “recognition of who I am, where I am from. It’s so much more than citizenship. It’s everything,’’ she said from Salina, Kansas.
Outside the courthouse, Alexis Traino, who resides in Florence, shared her experience. Having Italian great-grandparents on both sides, she awaited documentation from Italy and the U.S. when the law obstructed her application. “My entire life, I grew up knowing — and my parents always emphasized — that I was Italian. I had a very, very strong connection with Italy,” Traino, 34, explained. “I want to be Italian. I want to contribute to Italy and be a citizen,’’ she expressed.
