Catholics around the world continue to celebrate the election last week of Pope Leo XIV, the first Pope of the United States. In addition to being an American citizen by birth, Leo XIV is also a naturalized citizen of Peru, since he has exercised his ministry there for decades.
His choice as Pope raises several interesting questions from the perspective of the right of nationality. Mainly: Can an American citizen become king of a foreign country and remain American citizen?
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The Pope is, after all, an absolute monarch: he possesses, as Explain The Fundamental Law of the Vatican, “the fullness of the Government Power, which includes the Legislative, Executive and Judicial Power” of the state of the city of the Vatican – a sovereign country that maintains relations with more than 175 nations – and the Holy See, which is the central authority of the Government of the Church.
Paul Hunker, American immigration Catholic lawyer, told CNA – Ewtn News English – that the United States Federal Law – specifically the Title 8 of the United States Code § 1481– Establishes very specific conditions under which an American citizen can lose their citizenship.
These may include committing an act of betrayal, obtaining naturalization in a foreign state and, crucially, Accept a position as a foreign state of state. However, the key is that, in order for these acts to be “expatriatory”, they must be carried out by a person voluntarily and with the intention of giving up their US nationality.
The United States Department of State dice which generally presumes that American citizens, even if they accept a position in a foreign government, wish to keep their citizenship unless they are “clear and credible” the opposite.
Hunker said that, in the case of the Pope, Leo XIV would probably have to affirm his intention to renounce his citizenship directly before a consular official in the United States Embassy in Rome, something that the Holy Father has not given signs of wanting to do.
“I think, unless he presents himself and says: ‘I intend to give up my American nationality’, so it is not considered that he has lost his American citizenship,” said Hunker.
“At a deep level, I think this says something great about our country: when you are born here, the government cannot expel you, unless you state that you give up your citizenship.”
However, the State Department also points out that “actively review the cases in which an American citizen is elected or designated to serve as a foreign head of state, head of foreign government or foreign minister”, since such cases “raise complex issues of international law, including issues related to the level of immunity to the US jurisdiction that the person who occupies that position may have.”
Whatever what finally happens with respect to the American citizenship of Leo XIV, the Pope will have to follow presenting a tax declaration before the IRS As a American citizen who lives abroad, another possible complex rarity that is unexplored territory, since Poland, Germany and Argentina, the countries of origin of the last three popes, do not tax their citizens abroad. A private letter from the IRS or a specific law of the Congress that addresses the situation of Leo XIV, according to reported el Washington Post.
And what about the Peruvian citizenship of León? According to the Peruvian ConstitutionPeruvian nationality – even if obtained by naturalization – is not lost except by express resignation before a Peruvian authority. Therefore, the status of Peruvian citizenship of Leo XIV is similar to that of its American citizenship: it will probably retain it unless you choose to give up specifically.
Now that it is Pope, does Leo XIV also have Vatican citizenship? Yes and no.
Andrea Gagliarducci, a Vatican analyst of CNA, said that Leo XIV would have already had a Vatican passport, since each cardinal and official of the curia are granted one as part of his position; Having the passport gives them what is known as “functional citizenship.”
However, Gagliaduction said that, according to the canon lawit is not entirely accurate to say that the Pope is “citizen” of the Holy See, because the Holy See and the Pope are one and the same.
“The Pope is not (a) citizen, he is the entire Holy See,” Gagliarducci explained. “The Pope does not need a passport or citizenship, because he is the source of all citizenship.”
Given the wide new temporary faculties of Leo XIV as Pope, it would seem that there is no reason why he cannot maintain his other citizenships if he wishes; There are even precedents for this, since in 2014 Pope Francis renewed his Argentine passport, although Francisco never returned there during his 12 -year -old pontificate.
For his part, Gagliarducci said that the maintenance of Argentine citizenship by Francisco simply “was not necessary.”
“I mean, there is no problem in keeping passports, but they are no longer necessary or useful. The Vatican gives you a passport and allows you to keep all your citizenships along with that passport,” he said.
“(But) the Pope cannot be considered as Peruvian, American citizen or whatever. He is the Holy See. This is different; it is another world.”
Translated and adapted by the ACI Press team. Originally published in CNA.
Jonah McKeown
Jonah McKeown is editor and producer of Podcasts of Catholic News Agency. He has a master’s degree from the School of Journalism at the University of Missouri and has worked as a writer, radio producer and cameraman.