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A US federal judge has indicated he is likely to order the release of Prince Harry's immigration records, a move that could reveal whether the Duke of Sussex was lawfully issued a US visa. The case has ignited debate over whether Harry truthfully disclosed his past drug use and whether he received preferential treatment.
At the heart of the matter is a lawsuit brought by the Heritage Foundation, a conservative think tank, against the Department of Homeland Security (DHS). The Foundation seeks to uncover whether Prince Harry misrepresented his history of drug use on his visa application or if he was granted special consideration when he moved to the United States with his wife, Meghan Markle, in 2020.
The legal action was initiated after the DHS largely rejected the Heritage Foundation's Freedom of Information Act request for Prince Harry's immigration records.
The case, overseen by US District Judge Carl Nichols, has gained traction following revelations in Prince Harry's 2023 memoir, "Spare," where he admitted to using cocaine, cannabis, and psychedelic mushrooms.
These admissions have raised questions about his eligibility for a US visa, as US immigration law requires applicants to disclose any history of drug use. Providing false information on visa forms can lead to serious consequences, including deportation.
During a hearing on Wednesday, Judge Nichols evaluated the potential for releasing parts of Prince Harry's visa application documents. He expressed an interest in allowing “maximum disclosure as long as it doesn't violate privacy”. Nichols has requested the DHS to propose redactions or "continued withholdings" to balance transparency and privacy concerns.
Nile Gardiner, director of 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 argues there is intense public interest in determining whether Harry received special treatment during the application process, particularly given his admissions of past drug use.
The judge has also been shown some of Harry's immigration records, and is considering whether to request more records from the government and whether to consult an outside expert.
The case has also drawn in US President Donald Trump, who previously suggested that Harry could face deportation if it is proven he lied on his visa application. Donald Trump had earlier stated he "wouldn't protect him (Prince Harry)," adding, “That's unforgivable. He would be on his own if it was down to me”.
If Prince Harry was truthful about his prior drug use on his application, he may have received either an internal DHS waiver or some sort of diplomatic visa from the State Department1. Both options are legal but could expose the government and Harry to accusations of special treatment.
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