Prince Harry’s US visa at centre of court case after Spare drug revelations

Prince Harry, Duke of Sussex, participates in The Archewell Foundation Parents' Summit, Mental Wellness in the Digital Age, as part of Project Healthy Minds' World Mental Health Day Festival in October 2023 in New York. Photo / AP

The Duke of Sussex’s US visa application will be fought over by lawyers today in a case stemming from his self-admitted drug use.

Lawyers from the Heritage Foundation, a conservative think tank, will take on the Department for Homeland Security (DHS), arguing the application should be made public.

They contend that the Duke’s past drug use should have disqualified him from entering the United States under federal law and that releasing his application is of “immense public interest”.

Nile Gardiner, the director of the Margaret Thatcher Center for Freedom, said this is a “clear-cut case of transparency and accountability from the Biden Administration”.

“No one should be above the law when it comes to applying for immigration status in the United States”, said Gardiner.

In his bestselling memoir, Spare, the Duke sparked controversy when he admitted to taking cocaine, marijuana and psychedelic mushrooms.

Prince Harry's book on display in a bookstore in January 2023 in Bath, England. Photo / Getty Images

Questions have been raised over whether the Duke lied on his application or was shown favourable treatment by officials because of his high-profile status.

The foundation has sought “all records within the Duke’s alien registration file” including “any applications for immigration benefits” and “all records relating to any requests for waiver by Prince Harry”.

In a court filing, the Heritage Foundation argued: “[The case] comes about in the main because HRH [His Royal Highness] voluntarily – and for immense profit – admitted in writing to the elements of any number of controlled substance violations. (Indeed, some say HRH has approached the point of bragging and encouraging illegal drug use.)

“The Duke of Sussex did so despite the fact that it is widely known that such admissions can have adverse immigration consequences for non-citizens and despite employing pre-eminent legal advisers on both sides of the Atlantic.”

The Duke is not expected to attend the hearing, set to take place at 7.30pm UK time, which will hear arguments from both sides.

The Biden administration has previously supported the Duke in keeping his records hidden from the public.

The argument of privacy was “preposterous” given Prince Harry published his drug use in his book and has previously given US media interviews surrounding his private life, said Gardiner.

“This really matters to Americans,” said Gardiner. “This case raises many issues as two whether or not people are given any special treatment in coming to the United States and whether or not the rule of law is applied equally.”

He added: “The issue of migration in the United States has become the number one issue in the presidential election. The American people expect their leader to enforce immigration law strictly and this should apply to anyone entering the US including royals like Prince Harry.”

The DHS argued in a court filing it “cannot confirm or deny whether any other records that [Heritage] are seeking exist because the mere acknowledgement of these records would constitute an unwarranted invasion of Prince Harry’s privacy”, according to Newsweek.

“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.

“Courts consistently hold that a person’s visa or immigration status is private, personal information exempt from disclosure,” the court filings said.

English cook and food writer Nigella Lawson attends a book signing and lunch at the Melbourne restaurant, Taxi Kitchen, during her tour of Australia in January 2018. Photo / Getty Images

Nigella banned

In April 2014, Nigella Lawson, the celebrity chef, was banned from flying to the US after confessing to taking cocaine and smoking cannabis.

A spokesman for the DHS at the time said that foreign citizens who had admitted to drug offences could be deemed “inadmissible” under US law from entering the country.

Lawson’s ban was lifted in June 2014 so she could travel to the US and film a new series of her cookery contest The Taste USA.

The new lawsuit comes amid the Duke admitting he has “considered” becoming a US citizen.

In an interview on Good Morning America, the Duke said he had “no idea” what was stopping him from doing so.

He added: “The thought has crossed my mind but not a high priority right now”.

However, he runs the risk of being denied citizenship as the drugs he has admitted to taking are banned or under strict control in the United States.