Files on Prince Harry’s US visa application must be made public by Tuesday, a court has ruled, following a challenge over the Duke of Sussex’s remarks on his past drug use.
Judge Carl Nichols ordered the release of the documents as part of an ongoing Freedom of Information (FOI) request brought by conservative US think tank the Heritage Foundation.
Harry’s reference to taking cocaine, marijuana and psychedelic mushrooms in his book Spare prompted the Washington DC organisation to question why he was allowed into the US in 2020.
Judge Nichols ordered the US Department of Homeland Security to release the redacted versions of the documents no later than Tuesday, according to court filings dated March 15.
Here, Yahoo News explains how Prince Harry’s immigration status ended up before the court, and whether Donald Trump could potentially intervene in the case.
What’s the background?
In his 2023 memoir, Spare, the Duke of Sussex makes multiple references to his past drug use.
“(Cocaine) didn’t do anything for me, it was more a social thing and gave me a sense of belonging for sure… Marijuana is different, that actually really did help me,” he wrote.
Harry also said that he had experimented with psychedelics, including magic mushrooms and ayahuasca, at first “for fun” but later “therapeutically”.
This caught the attention of the Heritage Foundation, which in May 2023 filed a Freedom of Information Act lawsuit demanding that the US Department of Homeland Security (DHS) make Harry’s visa documents public.
The right-wing think tank suggested that the duke may have lied about his past drug use on his forms, or was given special treatment by former president Joe Biden’s administration, alleging his visa “may have been improperly granted”.
Prince Harry makes a number of claims about his past drug use in his 2023 memoir, Spare. (Alamy)
This request was denied by the DHS, who said that although Harry is a “public figure”, that does not mean he would “‘forfeit all rights of privacy”. The Heritage Foundation then took the case to federal court in a bid to force the documents’ publication.
In September 2024, Judge Nichols said the public did not have a strong interest in the disclosure of Harry’s immigration records.
However, the tide appeared to change early this year, with lawyers for the DHS agreeing in February to release redacted versions of the forms.
“Specifically, defendant would propose redacting all information in these items that would reveal information that the court has determined defendant can withhold,” department lawyer John Bardo wrote in a court filing.
What has Trump said?
In February, Donald Trump ruled out deporting Harry from the US, telling The New York Post: “I’ll leave him alone.”
“He’s got enough problems with his wife. She’s terrible,” the president added.
The Duchess of Sussex, who backed Hillary Clinton in the 2016 election, has previously been a vocal critic of Trump, calling him “divisive” and a “misogynist”.
Donald Trump took a swipe at Meghan Markle when asked if he would intervene in Prince Harry’s case. (Getty Images)
This appears to mark a change in tone from February 2024, when Trump told the Daily Express US that he “would not protect” Harry, as he claimed Biden had done.
Referring to the duke’s feud with his own family, he said: “I wouldn’t protect him. He betrayed the Queen. That’s unforgivable. He would be on his own if it was down to me.”
A month later, in an interview with Nigel Farage for GB News, Trump said he would take “appropriate action” if he won the November presidential election and if Harry was found to have lied on his application.
“We’ll have to see if they know something about the drugs, and if he lied they’ll have to take appropriate action,” he said.
Asked if this would mean the duke “not staying in America”, he said: “Oh I don’t know. You’ll have to tell me. You just have to tell me.”
What does US immigration law say?
“Providing false information or intentionally withholding information regarding past drug use in a visa application is considered fraud”, says US-based immigration support company Boundless.
“If an individual is already in the United States on a visa or a green card and their past drug use comes to light, their immigration status can be jeopardised. A visa or green card can be revoked, leading to deportation proceedings.”
Boundless adds that while disclosing past drug use in a visa application does not automatically result in a denial, it “can impact an applicant’s eligibility”.
Prince Harry meets first responders at a benefit in Santa Barbara earlier this month. (Getty Images)
While it is not clear what type of visa Harry has, the Chavin Immigration Law Office, which offers advice on visiting the United States on a visa, suggests that as a member of the royal family, he could have been granted an A-1 Head of State visa.
The firm says that these visas have a lower security and background check threshold, meaning he “would not have been vetted by the US government directly for mental health ineligibility like drug abuse or addiction or for criminal grounds of ineligibility like a controlled substance violation”.
“Mere admission to drug use in a memoir would not keep Prince Harry from staying in status and being able to renew an A-1 visa,” it adds.
As for who would decide if Harry would be deported, the US government says that an immigration court of the US Department of Justice would hear the case, and a judge there would decide if the deportation order should proceed.
