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The Heritage Foundation and the request to release the Duke of Sussex’s immigration records

Prince Harry could be at risk of deportation from the US if it emerges that he lied in the visa application process about drug use in his youth. In his autobiography Spare, the Duke of Sussex admitted to using cocaine, marijuana, hallucinogenic mushrooms and ayahuasca. This detail prompted the Heritage Foundation, a Washington-based conservative think tank, to demand that the documents relating to Harry’s immigration process be made public.

Donald Trump, former US president, had previously speculated that Harry could be deported under his administration if it emerged that he had provided false information.

Prince Harry’s life in the US

Since 2020, Prince Harry has resided in Montecito, California, with his American wife Meghan Markle and their two children, Archie and Lilibet, both of whom have dual British-American citizenship. In the United States, visa applicants are obliged to declare any history of drug use. However, the duke’s case has been kept confidential until now.

In September, a US court rejected the Heritage Foundation’s request to make the documents public, ruling that the case should remain private. Judge Carl Nichols ruled that there were insufficient grounds to violate the duke’s privacy.

New pressure to release the documents

Despite the defeat in court, the Heritage Foundation did not rest. In October, the think tank’s lawyer, Samuel Dewey, filed a further application, arguing that making Harry’s immigration documents public would be of ‘immense public interest’. The stated aim is to assess how the Immigration Department handles discretion over public figures.

With Donald Trump’s new presidential campaign fast approaching, Nile Gardiner, director of the Margaret Thatcher Center for Freedom, told the New York Post that he plans to pressure the former president to order the release of the files. Gardiner added that Trump has ‘the legal authority’ to act and that Prince Harry must be ‘held fully accountable’ for his statements on drug use.

Conclusions and future scenarios

The case raises questions about both the privacy of public figures and the enforcement of US immigration laws. Should Prince Harry fail to disclose his past, he could face legal consequences and the risk of losing his visa to stay in the US.

How this develops will depend on both the future moves of the Heritage Foundation and whether Donald Trump intervenes.

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