Reconfiguring Citizenship: Between Ius Sanguinis and Ius Soli in Italy and the United States

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.