Reconfiguring Citizenship: Between Ius Sanguinis and Ius Soli in Italy and the United States
Year: 2025
Type: article
Abstract: This essay examines the current reshaping of birthright citizenship by comparing the divergent paths of Italy and the United States. Historically dominated by ius sanguinis, Western legal traditions maintained a blood-based criterion for centuries; yet both countries now display signs of structural change. Italy, long committed to unlimited transmission of citizenship abroad, has recently restricted the reach of ius sanguinis through Decree-Law No. 36/2025, signalling growing concern over citizens with no effective ties to the Republic. Conversely, in the United States – traditionally the strongest ius soli jurisdiction – President Trump’s 2025 Executive Order introduces a restrictive reading of the Fourteenth Amendment, excluding from birthright citizenship the children of certain non-citizens. The ensuing judicial conflict reveals the fragility of a doctrine once considered settled. Together, these developments show that the balance between ius soli and ius sanguinis is undergoing a significant reconfiguration, whose long-term implications for political membership remain uncertain.
Source: Milan Law Review
Author: Lorenzo Gagliardi
Institution: University of Milan
Language: English
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7117546590
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