Pope Leo XIV, the first US-born leader of the Roman Catholic Church, is at the center of a constitutional debate regarding his dual citizenship status. Born Robert Prevost in Chicago in 1955, Pope Leo XIV is a dual citizen of the United States and Peru. His unique background raises some very interesting questions. How will his duties as the head of the Holy See and Vatican City, a foreign government, be affected by his American citizenship?
Pope Leo XIV spent a significant portion of his formative years as a missionary and bishop in Peru. This powerful experience created an immediate bond with him and the nation. He is now a dual national, having become a Peruvian citizen in August 2015. It was an incredible accomplishment that came after two years of residency and passing a civics test. As he approaches his 70th birthday in September, questions arise about how his dual citizenship may affect his governance and legal status under US law.
The US Supreme Court ruled in a 1980 decision that Americans cannot be stripped of their citizenship unless they intentionally renounce it. This ruling further complicates Pope Leo XIV’s case. His promotion to the papacy raises interesting questions about whether he can continue to hold his American citizenship while leading a foreign power. The constitutional principle that no one—not even the most powerful US citizen—is above the law. This pleat forms a double-fold to the legal puzzle.
The main problem is for foreign leaders — such as Pope Leo XIV — acquiring American citizenship. This begs the question as to why they are immune from US laws while benefiting from such immunity. Even the State Department pointed out the difficulty of these prosecutions. They raise complicated issues of international law and when, if ever, the individuals involved have immunity from US jurisdiction.
Under the existing legal framework, there is no real way for the US to revoke Pope Leo XIV’s citizenship. It appears that such a move is off the table for now. Peter Spiro, a leading legal expert, weighed in. Termination of the pope’s US citizenship, he thinks, is very much off the table. He stressed that the State Department always operates under the assumption that you do not want to lose your citizenship. You need to clearly indicate that you intend to do so by formally renouncing.
The election of Pope Leo XIV brings practical logistical concerns, as he will need to fulfill his new political duties. As a Peruvian citizen, he is entitled to not compete in Peru’s presidential elections next April. When that happens, he will be turning 70 years old. This final detail highlights just how singular his role is, being beholden to both countries at the same time.
On his election, Pope Leo XIV made it a point to deliver his inaugural address once elected in Italian and Spanish, but significantly not in English. This linguistic choice may signal an effort to emphasize his role as a global religious leader rather than an American figurehead. Margaret Susan Thompson, a specialist in papal history, provided her perspective. She thinks he’ll want to stress that he’s the pope of the universal Catholic Church, and not just the American one.
Jorge Puch, a prominent supporter of Pope Leo XIV’s decision to embrace Peruvian nationality, lauded this choice: “It is the most praiseworthy thing our beloved supreme pontiff could have done: Wanting to have Peruvian nationality without having been Peruvian by birth.”
Whether debate over Pope Leo XIV’s citizenship status has just begun or ended, advocates and opponents alike will be keeping a close eye. His leadership has a profound effect on non-religious issues. Exploring legal and constitutional issues that have the potential to redefine the way national identity is articulated in relationship to shaping global religious authority.