A federal judge in Washington is deliberating on the next actions regarding an ongoing legal matter concerning the release of documents that could implicate Prince Harry. An influential conservative think tank is pushing to uncover whether he was dishonest on his immigration application, particularly regarding past drug use, or if he received preferential treatment when entering the United States.
This case, overseen by U.S. District Judge Carl Nichols, investigates the conditions under which Harry, the Duke of Sussex and son of King Charles III, entered the U.S. in 2020 alongside his wife, Meghan Markle. The Heritage Foundation initiated a lawsuit after the Department of Homeland Security mostly denied its Freedom of Information Act request for Harry’s immigration records. Notably, Harry is not involved in the lawsuit himself.
Nile Gardiner, who heads the Heritage Foundation’s Margaret Thatcher Center for Freedom, stated, “We believe the American people have a right to know whether Prince Harry was truthful on his application.” The Heritage Foundation believes there is considerable public interest in determining if the Duke received any form of special consideration during the application process, especially following revelations in his 2023 memoir, “Spare,” regarding his previous drug use.
In his memoir, Harry mentions that he experimented with cocaine multiple times beginning at age 17, describing the motivation as a desire “to feel. To be different.” He also admits to using cannabis and psychedelic mushrooms, which has raised questions about his immigration status.
The U.S. generally inquires about drug use in its visa applications, which has garnered attention due to complications faced by various celebrities, including chef Nigella Lawson, singer Amy Winehouse, and model Kate Moss. While previous drug use may not automatically prevent entry or residence, providing false information can lead to severe repercussions.
“If he lied, that gets you deported,” stated Samuel Dewey, an attorney for Heritage, after a recent court session. He emphasized that individuals are routinely deported for dishonesty on immigration forms. He also noted the possibility that Harry could have been honest regarding his drug usage on his application and may have received some form of internal waiver from the Department of Homeland Security or a unique visa issued by the State Department, both of which are permissible but could suggest favoritism.
During a recent hearing, Judge Nichols concentrated on handling a set of three sworn declarations from DHS officials explaining their reasons for opposing the records release. These statements remain undisclosed to the Heritage legal team, and the judge is evaluating whether to share all or part of these declarations with them. He has also indicated considerations regarding the acquisition of additional records from the government and the potential involvement of an external expert for consultation.
Judge Nichols expressed his intention to find a balance between divulging too much in the DHS statements and redacting them to the point where they lose significance. “There’s a point where redactions would leave just a name or a date,” he remarked, underlining the complex nature of the case.
Additionally, Gardiner has called on former President Donald Trump—who prioritized immigration security during his campaign—to intervene and resolve the matter by ordering the release of Harry’s immigration records.
