Prince Harry’s immigration status was scrutinized in a federal court on February 5, 2025, now that Donald Trump has reassumed the presidency. The case hinges on whether Harry’s self-confessed drug use should have prevented him from entering the United States.
The conservative Heritage Foundation sued the Department of Homeland Security (DHS) to publicize Harry’s visa records, querying whether he revealed his past drug use, confessed in his memoir “Spare.” The DHS insists that releasing these documents would infringe on Harry’s privacy rights.
Harry’s admissions in “Spare” regarding his use of cocaine, cannabis, and psychedelics prompted the Heritage Foundation’s legal action. Immigration law mandates visa applicants to disclose drug use, with false declarations possibly leading to visa cancellation and deportation. “No one was and is truly above the law,” the foundation declared in its legal documents.
A federal judge on February 5 suggested he is “likely” to make public Prince Harry’s immigration records following the initial hearing in the prince’s high-profile case, which dates back to President Donald Trump’s first administration.
During Wednesday’s hearing in Washington, D.C., U.S. District Court Judge Carl J. Nichols stated that Harry’s records should be disclosed “to the maximum extent possible.” He explained that his obligation is to release everything that can legally be shared while ensuring compliance with privacy laws.
Nichols added that the process would be conducted in phases, allowing the government to recommend specific redactions.
Former BBC royal correspondent Jennie Bond told The Mirror, “It must be rather awkward having a President of the United States whom Meghan has openly criticized and who has the power to throw Harry out of the country if his visa application was proved to be fraudulent.”
Trump’s campaign rhetoric has fuelled apprehensions. At recent rallies, he singled out Harry’s case, implying that the prince enjoyed preferential treatment during the visa procedure. Trump pledged to scrutinize Harry’s immigration papers if elected, asserting that admission of drug use typically results in visa refusal.
Part of the strain arises from Meghan’s previous criticisms of Trump as “misogynist” and “divisive,” and the couple’s 2020 video calling on Americans to “vote against hate speech.”
In September 2024, a federal judge decided that Harry’s visa records would stay private, referring to his “reasonable privacy interest.” However, the Heritage Foundation has submitted a new motion to reverse the decision and appealed to President Trump to release the records.
The situation is sensitive due to Harry’s familial links to the United States. His wife Meghan is an American citizen, and their children, Archie and Lilibet, hold dual citizenship. Despite these ties, Trump has indicated he would push for deportation if proof of visa application fraud surfaced.
Legal experts predict that any visa revocation would likely encounter significant legal obstacles, given Harry’s familial connections and extensive business investments in the U.S. Since relocating to California in 2020, the prince has launched numerous charitable foundations and business enterprises.
The visa investigation has reportedly influenced the Sussexes’ travel arrangements. Insiders suggest Harry delayed international journeys until after the February court hearing, concentrating on U.S.-based projects instead. His legal team has argued that his philanthropic work and business investments, including the U.S. operations of the Invictus Games Foundation, significantly benefit American society.
The DHS asserts that disclosing Harry’s visa records might undermine national security procedures and establish a worrying precedent for high-profile immigrants. Government lawyers contend that the public status of individuals should not supersede standard privacy protections in immigration cases.
Bond commented, “You could say that it’s a tense time for the Sussexes, but the fact is that the most powerful man in the free world probably has more to think about than the residency rights of an estranged Prince of the United Kingdom.”
Bond thinks that despite these challenges, Harry will stay in California: “I still think that Harry is intent on carving out a future for himself and his family in California. Once you have children, and they start school, the roots that you have established grow far more quickly.”
