Prince Harry’s visa application will be discussed in court in America after the Heritage Foundation said its disclosure was of ‘immense public interest’
Prince Harry’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”.
In his bestselling memoir, Spare, the Duke of Sussex sparked controversy when he admitted to taking cocaine, marijuana and psychedelic mushrooms.
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 Prince Harry’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 preeminent 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 DHS argued in a court filing that 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.
Nigella banned
In April 2014, Nigella Lawson, the celebrity chef, was banned from flying to the US after confessing to taking cocaine and smoking marijuana.
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 Prince Harry admitting that 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.
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