Can Pope Leo remain a U.S. citizen now that he's a foreign head of state?

Pope Leo XIV’s ascension as the first leader of the Catholic Church hailing from the U.S. placed him in a rare and complex legal position, being an American citizen who now also serves as a foreign head of state.

Born as Robert Prevost in Chicago in 1955, the new pope has held citizenship in both the U.S. and Peru over the last decade, having spent considerable time in Peru as a missionary and a bishop.

As pope, Leo serves as leader of both the Holy See, the governing body of the Catholic Church, and Vatican City, an independent state.

Can the pope remain a U.S. citizen while leading a foreign government? Here are things to know about Leo’s citizenship.

Is the Vatican considered a sovereign nation?

Alongside his role as the spiritual leader for approximately 1.4 billion Catholics globally, Leo is also in charge of what is acknowledged as the world’s smallest nation.

Vatican City covers just 0.17 square miles (0.44 square kilometers) and has a population of a few hundred people. It became an independent state in 1929 under a treaty between Italy and the Holy See.

Could Leo be stripped of his U.S. citizenship?

Americans working for foreign governments aren’t automatically at risk of forfeiting their U.S. citizenship.

But the U.S. State Department says on its website that it may “actively review” the citizenship status of Americans who “serve as a foreign head of state, foreign head of government, or foreign minister.”

“Such cases raise complex questions of international law, including issues related to the level of immunity from U.S. jurisdiction that the person so serving may be afforded,” the policy states.

The State Department declined to comment on the pope’s status. A spokesperson said the department doesn’t discuss the citizenship of individuals.

The core issue is whether foreign leaders should hold American citizenship when they also enjoy broad immunity from U.S. laws, said Peter Spiro, a Temple University law professor and an expert on citizenship law. Such immunity clashes with the constitutional principle that no U.S. citizen should be above the law.

However, the U.S. Supreme Court in a 1980 decision ruled that Americans can’t be stripped of their citizenship unless they intentionally renounce it.

“The State Department never assumes that you intend to lose your citizenship unless you specifically say so through the renunciation process,” Spiro said.

He said it would be hard to argue that Leo, by becoming pope, demonstrated an intent to give up being a U.S. citizen.

“I think it’s highly unlikely that the U.S. moves to terminate the pope’s citizenship,” Spiro said.

Can the pope remain a citizen of Peru?

Peruvian law has no conflict with Pope Leo remaining a citizen, said Jorge Puch, deputy director of registry archives at Peru’s National Registry of Identification and Civil Status.

Leo was granted Peruvian citizenship in August 2015, the month before Pope Francis appointed him bishop of Chiclayo in the South American country’s northern region. To qualify, he had to live in Peru for at least two years and pass a civics test.

“It is the most praiseworthy thing our beloved supreme pontiff could have done: Wanting to have Peruvian nationality without having been Peruvian by birth,” Puch said.

All adult Peruvians, including naturalized citizens, are required to vote in elections through age 69. Voting in Peru’s presidential election next April won’t be mandatory for Leo. He turns 70 in September.

Did prior popes retain citizenship in their home countries?

It’s not clear what happened to the citizenship status of Leo’s predecessors once they became pope. That’s not information the Vatican discloses.

Pope Francis renewed his passport in his home country of Argentina in 2014, the year after he became pope. German-born Pope Benedict XVI and Pope John Paul II, a native of Poland, never publicly relinquished citizenship in their home countries.

John Paul was the first non-Italian pope in 455 years.

Margaret Susan Thompson, a Syracuse University history professor and expert on American Catholicism, said she doubts Leo would renounce his U.S. citizenship. But she believes the new pope was sending a message when he delivered his first speech in Italian and Spanish without using English.

“I think he wants to stress that he is the pope of the universal Catholic Church,” Thompson said, “and not an American holding that position.”

Have other US citizens served as leaders of a foreign government?

Yes. Here are a few notable examples.

Former British Prime Minister Boris Johnson was born in New York to British parents in 1964. He left the U.S. as a young boy and renounced his American citizenship in 2016 while serving as the U.K.’s foreign secretary. Johnson became prime minister three years later.

Mohamed Abdullahi Mohamed was an American citizen when he was elected president of Somalia in 2017. Born in Somalia, he moved to the U.S. in 1985 and became a citizen in the 1990s. Mohamed gave up his U.S. citizenship two years into his presidency.

Valdas Adamkus became a U.S. citizen after his family fled Lithuania to escape Soviet occupation. He returned to win Lithuania’s presidency in 1998, years after the Soviet Union collapsed. He relinquished his American citizenship after being elected.

___

AP reporter Regina Garcia Cano in Mexico City contributed to this story. Bynum reported from Savannah, Georgia.

___

Associated Press religion coverage receives support through the AP’s collaboration with The Conversation US, with funding from Lilly Endowment Inc. The AP is solely responsible for this content.

You May Also Like
Minnesota man captured in Somalia after allegedly helping orchestrate $250M child nutrition fraud scheme

Minnesota Man Arrested in Somalia Over Alleged $250M Child Nutrition Fraud Scheme

Minnesota fraud mastermind to face sentencing for $250 million scheme Emily Compagno…
Appeals court upholds Harvey Weinstein's California rape conviction, but says he must be resentenced

Harvey Weinstein’s California Rape Conviction Upheld as Appeals Court Orders New Sentencing

A California appeals court on Friday affirmed Harvey Weinstein’s 2022 conviction for…
At least four people shot at Brockton World Cup celebration near Boston

Brockton World Cup Celebration Shooting Leaves at Least 4 Injured Near Boston

At least four people were shot Friday night in a Boston suburb…
Teen accused of killing two girls in alleged hit-and-run will be tried as adult after identity revealed

Teen Suspect in Fatal Hit-and-Run That Killed Two Girls to Face Adult Court After Identity Revealed

A teenager accused in the deaths of two 17-year-old girls in an…
Suspect in $250M Minnesota fraud case arrested hiding out in Somalia 

Minnesota $250M Fraud Suspect Arrested in Somalia After Fleeing US

A man described by federal officials as a “central figure” in a…
Venezuela earthquake: Death toll rises, crucial window for rescuing survivors narrows after deadly Venezuela earthquakes

Venezuela Earthquake Death Toll Climbs as Rescuers Race Against Time to Find Survivors

LA GUAIRA, Venezuela — Desperation is deepening in Venezuela as residents continue…
Drugs set on fire in Burma

Myanmar Burns $600 Million in Seized Heroin, Meth and Other Drugs

New video released Friday showed seized heroin, methamphetamine and other illegal narcotics…
Chicago residents, experts react to Supreme Court's TPS decision affecting Haitians, Syrians

Chicago Haitians and Syrians Face Uncertainty After Supreme Court TPS Decision

CHICAGO (WLS) — They run neighborhood businesses, staff factories and serve patients…
Master sushi chef Katsuya Uechi, creator of spicy tuna crispy rice, dies at 67

Katsuya Uechi, Sushi Master Who Popularized Spicy Tuna Crispy Rice, Dies at 67

Katsuya Uechi, the acclaimed master sushi chef credited with transforming Los Angeles’…
GIF of bearing rearing up.

Woman Films Terrifying Encounter With Charging Bear During Morning Dog Walk

A woman walking her dog through a wooded area in Canada had…
Two 14-year-olds flee MTA officers, remain missing after vanishing from New Jersey train station

Two 14-Year-Olds Still Missing After Running From MTA Officers at New Jersey Train Station

Authorities are continuing to search for two 14-year-old boys who went missing…
Palisades Fire deadlock fuels fear that ideology is creeping into jury box — and Mangione could be next

Palisades Fire Jury Deadlock Sparks Fears of Ideological Verdicts as Luigi Mangione Case Looms

A jury deadlock in the case against the man accused of igniting…