US families contest Italian law restricting citizenship by descent in court
Bar Associations
Two U.S. families went to Italy's highest court Tuesday to challenge the scope of a year-old law passed by Giorgia Meloni's government limiting citizenship claims to Italian descendants removed by more than two generations.
Their lawyer, Marco Mellone, argued before the Cassation Court that the law should apply only to people born after it took effect, potentially opening a pathway to citizenship for millions of people living in the United States and parts of Latin America. Another lawyer represented Italian descendants from Venezuela.
A decision by an expanded panel, which makes the ruling binding in lower courts, is expected in the coming weeks.
A decree by the conservative government in March 2025 put the brakes on previous rules allowing anyone who could prove ancestry after Italy's formation in 1861 to seek citizenship. Italy's constitutional court last month ruled the new law is valid, but Mellone said the supreme court has the power to clarify the scope of the law.
"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," Mellone said before the hearing. "Today they are invoking their right to Italian citizenship."
Mellone's case would clarify the citizenship rights of the descendants of some 14 million Italians who emigrated between 1877 and 1914, according to Foreign Ministry statistics, and beyond.
While Mellone's case involves two families, another dozen people whose citizenship claims were stopped by the law were present outside the courthouse in solidarity.
Karen Bonadio said she hopes one day to move to Italy on the strength of her ancestry. She brought photos of her as a young girl alongside her Italian-born great-grandparents, who emigrated from Basilicata in southern Italy to upstate New York, along with their birth certificates.
"The new law says, 'all these great-grandchildren didn't know their great-grandparents.' This is from 1963, I think I was 3 1/2," she said, showing the photograph.
At least one of Mellone's cases had been rejected in lower courts before the new law, hinging partially on rulings that Italian emigrants who took on another citizenship before having children cannot pass on Italian citizenship.
Jennifer Daley's case has been working its way through the Italian bureaucracy for nearly a decade. Her grandfather, Giuseppe Dalfollo, immigrated to the U.S. in 1912 from the northern province of Trento when it was under Austro-Hungarian control. He later married an Italian woman and brought her over, and at some point became a naturalized U.S. citizen.
Daley said she always had a strong Italian identity that transcended her last name anglicized by U.S. immigration officials. She petitioned for citizenship because "it is truly a recognition of who I am, where I am from. It's so much more than citizenship. It's everything," Daley, a historian, said by phone from Salina, Kansas.
Outside the courthouse, Alexis Traino said great-grandparents on both her maternal and paternal sides had come from Italy, where she now lives, mainly in Florence.
"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," said Traino, 34, who was waiting for documents from Italy and the U.S. when the law passed, blocking her case.
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The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.
“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”
Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.


