Prince Harry visa documents case returns to spotlight as update looms

The organisation is seeking the release of Prince Harry’s immigration records following admissions of past drug use in his 2023 memoir, Spare.

The scheduled development follows a complex timeline of legal manoeuvres between the think-tank and Government lawyers.

Previous orders in the case required federal agencies to hand over specific information and declarations regarding how the duke’s visa application was handled.

While some heavily redacted institutional declarations were made public in 2025, the actual core immigration forms and specific application details submitted by Prince Harry, who moved to the US in 2020, have remained confidential under privacy protections.

US District Judge Carl Nichols previously reviewed the duke’s private immigration records to determine whether the public interest in disclosure outweighs the prince’s personal privacy rights.

When deciding on the privacy of the immigration files, Judge Nichols emphasised that the Duke of Sussex retains the same expectations of confidentiality as any other individual. In his 2024 written order, he stated: “The public does not have a strong interest in disclosure of the Duke’s immigration records. Like any foreign national, the Duke has a legitimate privacy interest in his immigration status.”

GETTY

The Heritage Foundation has argued throughout the proceedings that the public has a right to know if standard federal laws were applied equally or if the Duke of Sussex received preferential oversight or waivers from the Department of Homeland Security upon entering the country.

Its legal team stated outside the hearings in 2024: “The Biden administration has gone to great lengths to protect Prince Harry, and in doing so, has undermined the public’s trust in the fair enforcement of our nation’s immigration laws.”

Under standard US immigration protocols, individuals applying to live and work in the United States must disclose historical controlled substance violations.

Admitting to the use of drugs such as cocaine, marijuana, and psychedelic mushrooms, all of which the duke detailed using in his autobiography, can be grounds for visa denial or require a rigorous waiver process.

The think-tank’s lawsuit specifically seeks to verify whether the duke accurately disclosed this history on his dynamic application forms or if federal officials exercised standard administrative discretion.

John Bardo, the attorney representing the Department of Homeland Security under the Joe Biden administration, argued heavily against using autobiographical details as legal proof of immigration non-compliance.

Addressing the claims in Spare, Mr Bardo told the court in 2024: “The book isn’t sworn testimony or proof. Saying something in a book doesn’t necessarily make it true.”

He further argued that the public has no right to demand verification, stating: “The mere acknowledgement of these records would constitute an unwarranted invasion of Prince Harry’s privacy.”

Donald Trump previously hinted at potential deportation if immigration rules were broken; however, he softened his stance during an interview with The New York Post last year, stating: “I’ll leave him alone. I don’t want to do that. He’s got enough problems with his wife. She’s terrible.”

Harry has only commented generally on his status in past media interviews, noting: “American citizenship is a thought that has crossed my mind but certainly not something that’s a high priority for me right now.”

The Heritage Foundation declined to comment when contacted by GB News.

Prince Harry’s representatives have been approached for comment.