Can Pope Leo Retain U.S. Citizenship as a Foreign Head of State?

The Rise of Pope Leo XIV: A Historic Election

The election of Pope Leo XIV marks a significant milestone in history as he becomes the first U.S.-born leader of the Catholic Church. His ascent to the papacy places him in a unique and complicated position as an American citizen functioning simultaneously as a foreign head of state.

Background of Pope Leo XIV

Born Robert Prevost in Chicago in 1955, Pope Leo XIV has lived a remarkable life dedicated to faith and service. Prior to his election, he held dual citizenship in both the United States and Peru, where he served as a missionary and later as a bishop for over a decade.

His Dual Role

As pope, Leo XIV presides over two significant entities: the Holy See, which is the ecclesiastical governance of the Catholic Church, and Vatican City, recognized as an independent sovereign state. His dual role raises important questions regarding the implications of holding U.S. citizenship while also being the leader of a foreign government.

Citizenship and Sovereignty

One pressing question is whether it is legally permissible for the pope to retain his U.S. citizenship while leading a foreign government. This inquiry hinges on the complex nature of international law and national citizenship.

The Status of Vatican City

Pope Leo XIV’s position as the spiritual leader of approximately 1.4 billion Catholics underscores his authority, but he also heads the world’s smallest recognized sovereign state, Vatican City. With an area of merely 0.17 square miles and a population of a few hundred, Vatican City was established as an independent nation in 1929 through treaties with Italy.

Potential Loss of U.S. Citizenship

A further concern is the possibility that Leo may be stripped of his U.S. citizenship. Generally, Americans employed by foreign governments do not immediately risk losing their U.S. citizenship. However, the U.S. State Department has stated that it may review the citizenship status of individuals holding high-ranking positions in foreign governments.

The department’s guidelines highlight the complexities of international law, including considerations of legal immunity from U.S. jurisdiction experienced by such foreign leaders, potentially conflicting with the constitutional principle that no citizen should be above the law.

While the State Department has refrained from commenting on Pope Leo’s citizenship status, experts assert that without explicit intentions to renounce his U.S. citizenship, it is unlikely he would lose it by virtue of becoming pope.

Citizenship Laws and Historical Precedents

Legal experts indicate that the U.S. Supreme Court has previously ruled that no American can have their citizenship revoked unless they deliberately renounce it. It is important to note that the State Department presumes a person intends to retain their citizenship unless they go through a formal renunciation process.

For Leo, by taking on the role of pope, it would be challenging to propose that he intended to relinquish his American citizenship.

Retaining Peruvian Citizenship

In addition to his American citizenship, Pope Leo XIV has retained his Peruvian citizenship. According to Peruvian regulations, there are no existing legal barriers that would compel him to give up his Peruvian nationality. In August 2015, Pope Leo was granted citizenship in Peru after residency requirements and a civics examination.

Jorge Puch, a key figure at Peru’s National Registry, praised the pope’s commitment to his adopted country, emphasizing the significance of holding Peruvian nationality despite not being born in Peru. While all eligible Peruvians over the age of 18 are mandated to vote, Pope Leo will be exempt from voting in future elections as he approaches the age of 70 in September.

Previous Popes and Their Citizenship

Uncertainties linger regarding the citizenship status of Pope Leo XIV’s predecessors upon their elevation to the papacy, as the Vatican does not disclose such information. Interestingly, Pope Francis renewed his Argentine passport a year after his election, suggesting he retained his citizenship in Argentina.

Both German-born Pope Benedict XVI and Polish Pope John Paul II also never formally renounced their citizenship, despite their significant roles within the church. The latter was notably the first non-Italian pope in over 450 years.

Message of Unity over National Identity

While skepticism remains regarding Pope Leo’s potential renunciation of his U.S. citizenship, some experts suggest that his decision to deliver his inaugural address primarily in Italian and Spanish may reflect his desire to emphasize the universality of the Catholic Church and the role of the pope as a leader beyond national boundaries.

Historical Examples of U.S. Citizens in Foreign Leadership

History has shown that U.S. citizens have successfully served in foreign leadership positions. Former British Prime Minister Boris Johnson was born in New York and renounced his American citizenship while actively serving in public office in the U.K. Mohamed Abdullahi Mohamed became president of Somalia after obtaining his American citizenship and later renounced it during his presidency.

Additionally, Valdas Adamkus, who immigrated to the U.S. from Lithuania, returned to serve as Lithuania’s president after decades abroad and relinquished his American citizenship upon his election.