The election of Pope Leo XIV as the Catholic Church’s first U.S.-born leader has placed him in a unique and legally delicate position—he is now both an American citizen and the head of a foreign state.
Born in 1955 in Chicago as Robert Prevost, the new pope has been a dual citizen of the United States and Peru for the past ten years. His time in Peru included service as a missionary and later as a bishop. As pope, Leo XIV holds two significant roles: the spiritual head of the Roman Catholic Church and the sovereign leader of Vatican City, the world’s smallest independent state.
This unprecedented situation has led to questions about whether Leo can continue holding U.S. citizenship while also acting as a foreign head of state. Here are the key points surrounding this complex issue.
Vatican City, although tiny—just 0.17 square miles with a few hundred residents—is recognized as a fully sovereign nation. It gained independence from Italy in 1929 through a treaty with the Holy See. As head of the Vatican, Leo not only leads over 1.4 billion Catholics around the globe but also governs this unique microstate.
The potential for Leo to lose his U.S. citizenship exists, but it is not automatic. The U.S. State Department clarifies on its website that working for a foreign government does not in itself cause Americans to forfeit citizenship. However, it does state that it may “actively review” the citizenship of U.S. nationals who take on roles such as foreign heads of state, government, or ministers.
“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 explains.
When asked about Leo’s case specifically, the State Department chose not to offer comment. A spokesperson said the department does not discuss the citizenship status of individual Americans.
According to Peter Spiro, a law professor at Temple University and an expert on citizenship law, the real legal issue is whether an individual who enjoys immunity from U.S. law enforcement should continue to possess the rights of an American citizen. He points to the American constitutional standard that no citizen is above the law.
Spiro noted, however, that a 1980 decision by the U.S. Supreme Court reinforced the principle that a citizen cannot be stripped of their status without clearly expressing an intent to renounce it. “The State Department never assumes that you intend to lose your citizenship unless you specifically say so through the renunciation process,” Spiro explained.
Because Pope Leo has not formally declared any such intent, Spiro said, “I think it’s highly unlikely that the U.S. moves to terminate the pope’s citizenship.”
As for his Peruvian citizenship, there are no legal obstacles preventing Leo from continuing to be a citizen of that country. Jorge Puch, deputy director of registry archives at Peru’s National Registry of Identification and Civil Status, confirmed that Peruvian law does not conflict with Leo’s new position.
Leo received Peruvian citizenship in August 2015, just before Pope Francis appointed him bishop of Chiclayo in northern Peru. To qualify, Leo had to meet residency requirements 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.
Under Peruvian law, adult citizens are required to vote in elections until they turn 70. Leo, who turns 70 in September, won’t be obligated to vote in Peru’s next presidential election in April.
Whether previous popes maintained citizenship in their home countries is not publicly known, as the Vatican does not disclose such details. However, there are instances that offer some insight. Pope Francis renewed his Argentine passport in 2014, a year after becoming pope. Neither Pope Benedict XVI, who was from Germany, nor Pope John Paul II, from Poland, publicly gave up their native citizenships. John Paul II was especially significant as the first non-Italian pope in 455 years.
Margaret Susan Thompson, a historian at Syracuse University and an authority on American Catholicism, doubts Pope Leo will choose to renounce his American citizenship. However, she believes Leo may be signaling his global intent through other means. She pointed to the pope’s choice not to speak English during his first address, opting instead for Italian and Spanish. “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.”
Although it is rare, Leo is not the first American to hold a top leadership role in a foreign government. History offers a few notable comparisons.
Boris Johnson, the former British prime minister, was born in New York City in 1964 to British parents. He moved to the U.K. as a child and officially renounced his U.S. citizenship in 2016 while serving as Britain’s foreign secretary. Three years later, he became the country’s prime minister.
Mohamed Abdullahi Mohamed, originally from Somalia, became a U.S. citizen after moving to the United States in 1985. He returned to Somalia and was elected president in 2017. Mohamed gave up his U.S. citizenship two years into his presidency.
Similarly, Valdas Adamkus became a U.S. citizen after fleeing Lithuania during Soviet rule. Years later, he returned and won Lithuania’s presidency in 1998, following the Soviet Union’s collapse. He renounced his American citizenship after being elected.
These examples show that although holding dual citizenship while serving as a foreign head of state is legally complicated, it is not entirely without precedent. The main difference with Pope Leo XIV is the unparalleled nature of his role—not only as a head of state but also as a global spiritual leader. His case will likely continue to attract attention from legal scholars, historians, and policymakers alike.
With no official action from the U.S. government and no expressed intent from Pope Leo to give up his citizenship, it appears he will remain a dual citizen of both the United States and Peru for the foreseeable future, even as he leads the world’s 1.4 billion Catholics from Vatican City.