Today is the day that files relating to Prince Harry’s US visa application must be made public following a bombshell court ruling – and it could lead to further questions about his immigration status
Prince Harry is facing having files relating to his US visa application released today in a long-running battle. The Duke of Sussex has been embroiled in a lengthy case after US conservative think tank The Heritage Foundation pushed for visa information to be made public after accusations the prince lied about his drug use.
Harry has lived in the US for five years, ever since he and Meghan Markle dramatically quit their royal roles and the UK to set up a new life in California. And today, as the documents are made public, could offer the clearest indication yet of his status in the United States…
Visa row sparked
The case to make Harry’s visa application files public came about when the Heritage Foundation launched a Freedom of Information request. 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.
The Heritage Foundation alleged the duke may have concealed past illegal drug use that should have disqualified him from obtaining a US visa. They previously argued answers on Harry’s prior drug use in his visa application should have been disclosed as they could raise questions over the US government’s integrity.
In his controversial memoir, Harry said cocaine “didn’t do anything for me”, adding: “Marijuana is different, that actually really did help me.” The Heritage Foundation’s lawsuit argued that US law “generally renders such a person inadmissible for entry” to the country.
US visa applications specifically ask the individual about current and past drug use, which can have a detrimental impact on the progress of the application. Prolific drug use can lead to applications being rejected, however, immigration officers use their discretion against a range of factors.
Documents released
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. He ruled that the US Department of Homeland Security (DHS) should release the redacted versions of the documents no later than today (Tuesday).
It comes after a September 2024 ruling from the same judge that the public did not have a strong interest in the disclosure of Harry’s immigration records. But the Heritage Foundation wanted the judgment to be changed. Despite previously refusing the FOI request, lawyers for the Department of Homeland Security in February agreed to release redacted versions of the forms.
Visa details
Last week, Judge Nichols set the deadline of the end of today to release the files and also approved redactions suggested by the Department of Homeland Security which he said were ‘appropriate’. The DHS lawyers previously said that three items relating to the visa will be released with redactions but a fourth document will remain private.
It’s not exactly clear what type of information will come to light with the release of the files. There has been speculation they could contain information on what type of visa Harry used to allow him to live in the US – and if it was an extremely rare A-1 Head of State visa. The files may also reveal if Harry indicated on forms that he admitted to his past drug use.
Trump’s plan
It is reportedly unlikely that Harry will face deportation depending on what information is released from the documents. And in February, US President Donald Trump ruled out deporting Harry from the US, telling The New York Post: “I’ll leave him alone.” He added: “He’s got enough problems with his wife. She’s terrible.”
The Duchess of Sussex has previously been a vocal critic of former reality star Mr Trump and called him ‘divisive’ and a ‘misogynist’. Meghan said she was backing his rival Hillary Clinton in the 2016 US presidential election and suggested she would leave the US if he won.
Mr Trump said in a GB News interview with Nigel Farage in March last year that Harry should not receive preferential treatment. Asked if the duke should have ‘special privileges’ if he was found to have lied on his application, Mr Trump said: “No. We’ll have to see if they know something about the drugs, and if he lied they’ll have to take appropriate action.”
