Will Prince Harry Face Deportation? Legal Battle Over His US Visa Heats Up

A federal court case involving in US visa application of Prince Harry was reopened, barely five months since the case had seemed to shut down. A legal battle against the Department of Homeland Security launched by the conservative Heritage Foundation intends to force that department to provide private visa records of the Duke of Sussex.

This comes after Judge Carl J. Nichols of Washington, DC granted leave for the case to move on, although two previous judgments maintained the sealing of the documents.

Legal Case by The Heritage Foundation

This lawsuit started from the challenge which the Heritage Foundation lodged at DHS over attempts it made at securing the Prince Harry visa application document through FOIA. When the DHS refused their petition, stating that the documents were private, the think tank decided to take the case to court, arguing that Harry’s visa case was of “immense public interest.” That interest grew when the Duke of Sussex’s memoir, Spare, published in 2023, revealed his history with drug use, including marijuana, cocaine, and psychedelic mushrooms.

In his memoir, Harry openly admitted to using these substances recreationally in the past. “It wasn’t much fun, and it didn’t make me particularly happy, as it seemed to make everyone around me, but it did make me feel different, and that was the main goal. Feel. Different,” he wrote.

US visa application forms are not shy of asking questions concerning the applicant’s previous and ongoing drug history. Of course, such admissions could automatically deny admission to the United States, as admissions generally make applicants inadmissible. Of course, this brought out the possibility that Harry, by admitting his drug use in his memoir, had indeed lied on his visa application or would come unstuck if it was decided that he misrepresented his past behavior.

The Case Reopened and What It May Imply

The case, which had been closed in September 2023 when Judge Nichols decided that Harry’s immigration records be kept private, was reopened due to a new motion filed by the Heritage Foundation. During the hearing, Judge Nichols stated that he was bound to make public to the “maximum extent possible” any information that could be released. The judge therefore directed both parties to appear in court for a “motion for relief from judgment hearing” to review whether Prince Harry’s visa documents should be disclosed.

In his comments, Nichols assured that he would allow the government to suggest what redactions could be done in the documents, but at the same time clarified that the immigration status of Harry and all other disclosures about his drug use would be thoroughly checked.

The judge also acknowledged procedural issues raised by the Heritage Foundation’s lawyers, noting that the previous ruling might need to be reconsidered based on these concerns. “We can talk about how one goes about unringing that bell. At a minimum, we’d have to go through that process,” Judge Nichols stated.

The Debate Over Harry’s Drug Use and Visa Status

The Heritage Foundation argued in its original lawsuit that the law, generally speaking, makes anyone admitting to drug usage inadmissible to the United States. Besides, they went ahead to inquire whether Prince Harry was indeed afforded special treatment by the Biden administration or whether Prince Harry lied during his visa application.

The lawyer for the Heritage Foundation, Samuel Dewey, also expressed his inability to think through how Harry could legally enter the country without some exception. “I certainly think that some stuff can be disclosed, and I don’t think it would necessarily be just a shell. I mean there is no expert you talk to who can figure out how the heck he is here without something having happened,” Dewey said.

He continued, speculating that Harry might have been given a waiver or special consideration to enter the country despite his past drug use. “If he came in, got a waiver, said, ‘Yes, I did all these drugs. Here’s the 10-page attachment to my form where I checked ‘yes,’ detailing all my directives, got a waiver’ — those records would be in DHS,” Dewey noted.

Alternatively, Dewey speculated that Harry might have been granted a diplomatic visa, or that his entry was facilitated through non-standard immigration procedures.

Trump’s Comments on the Case

US President Donald Trump has also weighed in on Prince Harry’s visa situation, suggesting that the Duke could face consequences if it is proven that he lied about his drug use. During a February conference, Trump said that Harry might not be protected if it was revealed that he had misrepresented his drug use on his US visa application. “I wouldn’t protect him. He betrayed the Queen. That’s unforgivable. He would be on his own if it was down to me,” Trump remarked, referring to the Duke’s departure from royal duties and his public criticism of the monarchy.

Trump’s comment further emphasized his belief that Harry should not be granted preferential treatment simply because of his status. In a March 2023 statement, Trump added, “No. We’ll have to see if they know something about the drugs, and if he lied, they’ll have to take appropriate action.”

The Potential Consequences for Prince Harry

The reopening of this case raises the question of the consequences Prince Harry may face if it is determined that he lied on his visa application. The US government is very strict with admissions of drug use, and lying on an immigration form can have legal consequences, so the Duke of Sussex could be deported or face other legal penalties.

Besides this, the case even questions how big of an issue the general impression that Prince Harry’s lawsuits were having on him, not to mention his future status in America. His rising private scrutiny will have to battle the issue in public as well as in front of courts through a highly relevant issue now being drug abuse at the forefront.

It is expected that the case will further reveal the details of Prince Harry’s visa application and his entry into the country under the Biden administration. The court decision is likely to have far-reaching implications for the Duke’s future in the United States if it declares that he has not been transparent about his history of drug abuse.