Former Colombian high court justices and constitutional scholars say Abelardo de la Espriella's U.S. naturalization — including the U.S. oath of allegiance and related obligations — may be incompatible with duties of Colombia's presidency. The jurists distinguish those potential conflicts from his Italian citizenship by descent, which they view as less problematic. De la Espriella's campaign rejects the challenge, citing a constitutional exception for Colombians by birth, and plans to legally contest a court ruling limiting campaign symbols. He won the first round with 43.74% and will face a runoff.
U.S. Naturalization Raises Legal Questions Over Colombian Presidential Bid
Colombian presidential candidate Abelardo de la Espriella gives a military-style salute at a campaign event in Cartagena, Colombia, on Tuesday. De la Espriella appeared after a Bogota court ordered his campaign to remove electoral propaganda using national symbols and emblems of military and police institutions. Colombia's presidential runoff election is scheduled June 21, Photo by Ricardo Maldonado/EPA
A group of former Colombian high court justices and leading constitutional scholars have publicly questioned whether attorney Abelardo de la Espriella's U.S. citizenship obtained through naturalization is compatible with serving as Colombia's president.
Legal Concerns
The jurists argue that the U.S. naturalization oath — which includes a pledge of allegiance to the United States and a renunciation of prior allegiances — creates duties that could conflict with the constitutional obligations of Colombia's head of state and commander in chief. They point to specific naturalization obligations, such as a duty to defend the U.S. Constitution and, in some circumstances, potential military service, as possible sources of tension with presidential responsibilities tied to national sovereignty and defense.
Constitutional Context
Referencing Colombia's 1991 Constitution, the former justices said the document establishes three formal requirements to serve as president: being a Colombian citizen by birth, being a citizen in good standing, and being older than 30. "The legal issue does not lie in the existence of a second nationality, but in the duties and obligations acquired through naturalization," they wrote.
Nationality Details
De la Espriella holds three nationalities — Colombian, Italian and American. The jurists emphasized that his Italian citizenship, obtained through descent, does not raise the same concerns because it does not carry the same formal obligations as U.S. naturalization. Their public statement said they felt an ethical and constitutional duty to warn political authorities and voters about the possible legal, political and sovereignty implications of a candidate who has assumed the obligations of U.S. citizenship.
Campaign Response
De la Espriella's campaign rejected the objections. Germán Calderón España, the candidate's attorney, argued the Constitution is clear and that the only restriction related to dual nationality does not apply to Colombians by birth. Calderón España said De la Espriella meets the birth requirement because he was born in Bogotá and announced plans to challenge a Superior Court of Bogotá ruling that barred the campaign from using national symbols and the slogan "Firmes por la Patria" in candidate-related activities.
Legal Debate and Expert Views
Ramiro Bejarano, a constitutional law professor at Externado University, told Blu Radio the issue merits careful legal analysis. He suggested the central question is whether the specific commitments assumed during U.S. naturalization could plausibly influence the decisions of a future president, while acknowledging that the debate does not automatically make the candidacy illegal.
Political Stakes
De la Espriella emerged as a surprise frontrunner after winning the first round of the presidential race with 43.74% of the vote, defeating government-backed Iván Cepeda, who received 40.90%. De la Espriella, a right-wing candidate from the Firmes por la Patria movement, advanced to the runoff on a platform stressing security, free-market policies and closer ties with Washington; his campaign also drew a public endorsement from former U.S. President Donald Trump.
What Comes Next: The dispute is likely to trigger legal scrutiny and political debate ahead of the runoff. Courts and constitutional experts will play a central role in clarifying whether the duties arising from U.S. naturalization create a disqualifying conflict under Colombian law.
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