Can Pope Leo remain a US citizen now that he’s a foreign head of state? Here's what we know

With Chicago-born Pope Leo XIV now elected as the head of the Catholic Church, an interesting legal question has popped up: Can he retain his US citizenship while serving as pope, effectively a foreign head of state?

Under US law, citizens may risk losing their citizenship if they take up a role that involves swearing allegiance to a foreign government or if they formally renounce their American citizenship.

However, the situation of a pope is unique. According to Peter Spiro, a constitutional and immigration law expert, merely becoming the leader of Vatican City—an independent, sovereign state—does not automatically result in a loss of US citizenship.

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There’s no evidence that Pope Leo has formally renounced his citizenship or taken steps that would suggest abandoning his US ties.

Additionally, Vatican City is recognised as a neutral, religious state with no standing army, and its sovereign leader (the pope) is generally not seen as exercising allegiance in the same way a political leader would. This distinction makes the case of Pope Leo more complex.

However, some legal experts argue that if Pope Leo engages in actions typically reserved for foreign sovereigns—such as negotiating treaties or exercising diplomatic powers—he could risk a re-evaluation of his citizenship status.

For now, the US government has made no indication of any action to strip Pope Leo of his citizenship.

Historically, no pope has ever been an American, so this situation is unprecedented. It has sparked a lively discussion about dual citizenship, nationality laws, and the nature of papal sovereignty.

As the first American-born pope, Pope Leo’s citizenship status may set a legal precedent. Until formal legal actions are taken, however, he appears to retain his US citizenship while also leading the Catholic Church as a global religious figure.

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