Judge Orders Prince Harry’s Visa Application Be Handed Over

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The U.S. government has been ordered to hand over details pertaining to Prince Harry’s visa application to a D.C. judge. The Department of Homeland Security (DHS) denied a freedom of information request from a conservative think tank calling to see if the royal disclosed his drugs use when entering the country.

The Heritage Foundation is seeking to confirm whether Harry disclosed his history with illegal drugs—detailed in his 2023 memoir—as it says, had he done so, he should not have been granted entry to the United States. The foundation says that either the prince did not make the legally mandated disclosure on his immigration forms, or that he did so and received favorable treatment from the DHS; this would expose a double standard weighted towards privileged individuals.

Newsweek approached representatives of The Heritage Foundation and Prince Harry via email for comment.

The Duke of Sussex as photographed in Britain, March 6, 2020. A judge has ordered the Department of Homeland Security to provide him with Harry’s visa application.

Simon Dawson-WPA Pool/Getty Images

The DHS has so far fought to keep Harry’s visa paperwork sealed after being sued by The Heritage Foundation. It said in a filing seen by Newsweek that: “The records are particularly sensitive because releasing them, even in part, would reveal Prince Harry’s status in the United States, which Prince Harry has not disclosed.

“Specifically, the records would reveal the types of documents that Prince Harry used to travel to the United States, his admission status, and any immigration, or non-immigration, benefits that he may have sought,” the filing added. “Courts consistently hold that a person’s visa or immigration status is private, personal information exempt from disclosure.”

However, a court order handed down by Judge Carl Nichols on March 7 has instructed the DHS to provide him with a declaration of the documents it is holding in connection with Harry’s immigration status. This is so that Nichols may assess for himself whether they meet the requirements for exemption or not.

“Having reviewed the Parties’ written submissions and heard oral argument on the Motions,” Nichols said in his order, “the Court concludes that in camera review is necessary to determine whether the records in dispute come within the scope of the claimed exemptions.

“It is therefore ordered that, on or before March 21, 2024, Defendant shall submit to the Court in camera a declaration or declarations that detail, with particularity, the records it is withholding and the particular harm that would arise from public disclosure of them,” Nichols added.

The revelations by Harry made about his past drug use in his memoir Spare were one of the many aspects of the book that sparked controversy following its publication in January 2023.

In the book, the prince referenced a continued use of marijuana—which has not been legalized in Britain—as well as past experiences with cocaine, magic mushrooms and other psychedelics.

In an interview given at the time of his memoir’s publication, Harry said that his experimentation with drugs was “important to acknowledge” as a part of his life story.

James Crawford-Smith is Newsweek‘s royal reporter, based in London. You can find him on X (formerly Twitter) at @jrcrawfordsmith and read his stories on Newsweek‘s The Royals Facebook page.

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