- Mar 25, 2018
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Can Pope Leo XIV remain a U.S. citizen now that he's a foreign head of state?
Pope Leo XIV's election as the first U.S.-born leader of the Catholic Church elevated him to the rare position of being an American citizen who now is also a foreign head of state.
Since immigration issues are on the verge of the absurd for some USA visa holders, I bring this issue to really hammer why the letter of the law should not be followed in all citizenship/immigration matters.
This article outlines part of the quandry that the U.S. Constitution outlines for those that work for foreign governments in a policy position. Since the Pope does this as head of state for the Vatican, an indpendent country, it seems he could lose his U.S. citizenship. Thus, technically he could be detained and deported like any other illegal entrant if he tries to re-enter the USA or a U.S. territory that requires a USA visa. This is an interesting legal issue and following the letter of the law could mean he no longer is a USA citizen.
§ 3a.2 Requirement for approval of foreign government employment.
(a) The United States Constitution (Article I, section 9, clause 8) prohibits the acceptance of civil employment with a foreign government by an officer of the United States without the consent of Congress. Congress has consented to the acceptance of civil employment (and compensation therefor) by any person described in § 3a.1(b) subject to the approval of the Secretary concerned and the Secretary of State (37 U.S.C. 801, Note). Civil employment with a foreign government may not be accepted without such approval by any person so described.
Accepting, Serving in, or Performing Duties of a Position with the Government of a Foreign State - Immigration and Nationality Act (INA) Section 349(a)(4)
"A U.S. national’s employment, after attaining the age of 18, with the government of a foreign country or a political subdivision thereof is a potentially expatriating act pursuant to Section 349(a)(4) of the Immigration and Nationality Act if the individual is a citizen of that foreign country or takes an oath of allegiance to that country in connection with such employment. Such employment, however, will result in one's expatriation only if done voluntarily with the intention of relinquishing U.S. citizenship. Running for foreign office, even foreign head of state, is not a potentially expatriating act; only accepting, serving in, or performing the duties of a foreign office are potentially expatriating as described above."
Accepting, Serving in, or Performing Duties of a Position with the Government of a Foreign State - Immigration and Nationality Act (INA) Section 349(a)(4)
A U.S. national’s employment, after attaining the age of 18, with the government of a foreign country or a political subdivision thereof is a potentially expatriating act pursuant to Section 349(a)(4) of the Immigration and Nationality Act if the individual is a citizen of that foreign country...
