Reconfiguring Citizenship: Between Ius Sanguinis and Ius Soli in Italy and the United States, in Milan Law Review 6.2 (2025), pp. 49-61 [ISSN 2724-3273]. By Lorenzo Gagliardi

https://www.academia.edu/145826730/Reconfiguring_Citizenship_Between_Ius_Sanguinis_and_Ius_Soli_in_Italy_and_the_United_States_in_Milan_Law_Review_6_2_2025_pp_49_61_ISSN_2724_3273_ 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. ...