With Donald Trump’s return to the presidency, Prince Harry’s legal challenges concerning his immigration status are escalating. A federal court is slated to review his case on February 5, 2025. The central issue of the case is whether Harry’s confessed drug use should have prevented his entry into the United States.
The right-leaning Heritage Foundation is suing the Department of Homeland Security (DHS) to publicize Harry’s visa records. Their contention revolves around whether he disclosed his previous drug use, as confessed in his memoir “Spare.” However, the DHS argues that doing so would infringe on Harry’s right to privacy.
The foundation’s legal action started following Harry’s admissions in “Spare” regarding his use of cocaine, cannabis, and psychedelics. Immigration laws necessitate that visa applicants reveal any drug use, with dishonesty potentially leading to visa cancellation and deportation. The foundation stated in its court filing that “No one was and is truly above the law.”
“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,” said Jennie Bond, former BBC royal correspondent, in an interview with The Mirror.
Trump’s campaign comments have heightened concerns. During recent rallies, he specifically mentioned Harry’s case, implying the prince may have received preferential treatment during the visa application process. Trump has pledged to scrutinize Harry’s immigration records if elected, noting that admissions of drug use generally result in visa denial.
Part of the tension emanates from Meghan’s former criticism of Trump as “misogynist” and “divisive.” Also, the couple’s 2020 video encouraged Americans to “vote against hate speech.”
In September 2024, a federal judge decided that Harry’s visa records would remain confidential, citing his “reasonable privacy interest.” Yet, the Heritage Foundation filed a new motion to overrule this decision and urged President Trump to release the records.
Harry’s familial connections to the United States make this situation particularly sensitive. His wife, Meghan, is an American citizen, and their children, Archie and Lilibet, hold dual citizenship. Nonetheless, Trump has stated that he would pursue deportation if evidence of fraudulent visa application procedures surface.
Legal experts suggest that any attempt to revoke Harry’s visa would likely face significant hurdles in court, given his family ties and considerable business investments in the United States. Since relocating to California in 2020, the prince has initiated numerous charitable foundations and business ventures.
Reports suggest that the scrutiny over Harry’s visa has influenced the travel plans of the Sussexes. Sources claim Harry has delayed international trips until after the court hearing in February, turning his attention towards U.S.-based projects. His legal team argues that his charitable activities and business investments, including the U.S. operations of the Invictus Games Foundation, make a substantial contribution to American society.
The DHS asserts that unveiling Harry’s visa records could potentially jeopardize national security protocols and set a troubling precedent for high-profile immigrants. Government attorneys argue that the public status of figures should not undermine standard privacy protections in immigration cases.
“You could say that it’s squeaky bum 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 added.
Bond expressed her belief that Harry will continue to reside in California despite these challenges: “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.”
