A U.S. federal judge is reviewing whether to release Prince Harry’s immigration records in a case that could have significant legal implications for the Duke of Sussex. The Heritage Foundation, a conservative think tank, has sued the Department of Homeland Security (DHS), alleging that there is “intense public interest” in whether Harry misrepresented his past drug use on his visa application or received special treatment to enter the United States.
The lawsuit follows the 2023 publication of Harry’s memoir, Spare, in which he openly admitted to using cocaine, cannabis, and psychedelic mushrooms. U.S. immigration law requires applicants to disclose past drug use, and lying on such forms can lead to deportation.
During a court hearing Wednesday, Judge Carl Nichols considered whether to unseal sworn statements from DHS officials explaining why the agency has refused to release Harry’s records. Heritage Foundation attorney Samuel Dewey argued that if Harry had lied about his drug use on his application, it could result in deportation, as others have faced similar consequences.
“If he lied, that gets you deported,” Dewey told reporters, adding that celebrities like chef Nigella Lawson and singer Amy Winehouse have faced travel restrictions due to past drug use. However, he also noted that Harry may have received a waiver from DHS or a diplomatic visa from the State Department, both of which would be legal but could raise concerns about preferential treatment.
The court is also weighing whether to seek additional records from the government or involve an independent expert to assess the case. Judge Nichols emphasized the challenge of balancing transparency and privacy, stating, “There’s a point where redactions would leave just a name or a date.”
Heritage Foundation director Nile Gardiner has urged President Donald Trump to intervene and order the release of Harry’s immigration records. Given Trump’s firm stance on immigration security, his potential involvement could escalate tensions between the U.S. and the British royal family.
Prince Harry, who moved to California in 2020 with his wife Meghan Markle, is not a direct party in the lawsuit. However, the legal battle over his visa status could further complicate his U.S. residency and diplomatic standing.
The case is ongoing, with the court expected to rule on whether Harry’s immigration records will be disclosed to the public. If evidence of special treatment or misrepresentation emerges, Prince Harry’s status in the U.S. could face serious challenges.