Since the election of Leo XIV, the joy of the faithful has not diminished, particularly in the United States, the new Pope's country of origin. However, this historic election also raises some more technical questions regarding international law, and specifically nationality law. Can one, as an American citizen, become the sovereign head of another state while retaining American citizenship?
For it must be said: the Holy Father, as Sovereign of Vatican City, holds all powers—legislative, executive, and judicial. He is the head of a fully sovereign state, recognized by nearly all nations of the globe, and he is simultaneously the summit of the spiritual and diplomatic authority of the Catholic Church through the Holy See.
A King Among Nations
Under U.S. law, statute 8 U.S. Code § 1481 provides several circumstances in which a citizen may lose their nationality: treason, naturalization in a foreign state, or voluntary acceptance of a foreign head of state position. But these cases only apply if the individual acts with the clear intention of renouncing their American citizenship.
This is confirmed by Paul Hunker, an immigration lawyer and practicing Catholic. According to him, unless Pope Leo XIV makes an explicit declaration before an American consular officer—for example at the embassy in Rome—stating that he wishes to renounce his nationality, it remains his. "If the Pope does not clearly say he wants to get rid of his American citizenship, then, legally, he keeps it," explains the lawyer.
Dual Nationality Maintained, Unless Contrary Will is Expressed
Leo XIV is also a citizen of Peru, a nationality he obtained after many years of mission work there. And here again, the Peruvian Constitution is clear: one does not lose their nationality, even if naturalized, except in the case of explicit renunciation before Peruvian authorities. Thus, as long as the Pope does not formally choose to abandon one or the other of his nationalities, he retains them both.
This unique situation could have some very concrete consequences. As an American citizen living abroad, Leo XIV could, in theory, be required to file a tax return each year with the U.S. administration. An unprecedented situation for a pope, as neither John Paul II, Benedict XVI, nor Francis were affected: Poland, Germany, and Argentina do not tax their citizens living outside the country. It is therefore not out of the question that the IRS—the U.S. tax authority—may have to adapt or even that Congress might pass a specific law for this unique case.
And What About Vatican Nationality in All This?
Each cardinal receives a Vatican passport in connection with his office, which confers a so-called "functional" citizenship, useful for travel and mission. Leo XIV, as a cardinal, already possessed one before his election. But this citizenship is not a classical status like in other countries.
As explained by Andrea Gagliarducci, an analyst specializing in Vatican affairs, "the Pope is not simply a citizen of the Holy See. He is the Holy See itself." Therefore, it is not a matter of saying he is a citizen like others: he embodies the very authority that confers titles and passports. In this sense, any other citizenship becomes secondary, even useless.
This is also why Pope Francis, although he renewed his Argentine passport in 2014, did not really need it. He never returned to his native country during his pontificate and never acted as an Argentine citizen. "One can keep the passports, but they are no longer of any use once one is Pope," summarizes Gagliarducci. "The Pope is not a citizen like you and me. He is above that. He is the living expression of the Holy See."
An Unprecedented Situation That Speaks Volumes
Ultimately, the situation of Leo XIV highlights an interesting point on a human level: in the eyes of U.S. law, no one can be stripped of their citizenship simply because they become the head of a foreign state. It is a guarantee of freedom and stability, which reminds us that, for America, nationality is a strong bond that only the citizen themselves can break.
The Holy Father has so far expressed no desire to renounce either of his citizenships. And, in truth, he has no need to. The Pope is above these questions. He is not merely American or Peruvian. He is the Vicar of Christ, the servant of the servants of God, and, through the Holy See, he embodies a reality far higher than any nation: that of the universal Church.