The U.S. government has been ordered to hand over details pertaining to Prince Harry's visa application to a D.C. judge. The Department of Homeland Security (DHS) denied a freedom of information request from a conservative think tank calling to see if the royal disclosed his drugs use when entering the country.
The Heritage Foundation is seeking to confirm whether Harry disclosed his history with illegal drugs—detailed in his 2023 memoir—as it says, had he done so, he should not have been granted entry to the United States. The foundation says that either the prince did not make the legally mandated disclosure on his immigration forms, or that he did so and received favorable treatment from the DHS; this would expose a double standard weighted towards privileged individuals.
Nile Gardiner, director of the Heritage Foundation's Thatcher Center for Freedom, told Newsweek on Friday that the judge's order is a "very encouraging development," noting that it is a "demonstration of just how how seriously this this case is being is being treated."
Newsweek approached representatives of Prince Harry via email for comment.
The DHS has so far fought to keep Harry's visa paperwork sealed after being sued by The Heritage Foundation. It said in a filing seen by Newsweek that: "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.
"Specifically, the records would reveal the types of documents that Prince Harry used to travel to the United States, his admission status, and any immigration, or non-immigration, benefits that he may have sought," the filing added. "Courts consistently hold that a person's visa or immigration status is private, personal information exempt from disclosure."
However, the new court order handed down by Judge Carl Nichols on March 7 has instructed the DHS to provide him with a declaration of the documents it is holding in connection with Harry's immigration status. This is so that Nichols may assess for himself whether they meet the requirements for exemption or not.
"Having reviewed the Parties' written submissions and heard oral argument on the Motions," Nichols said in his order, "the Court concludes that in camera review is necessary to determine whether the records in dispute come within the scope of the claimed exemptions.
"It is therefore ordered that, on or before March 21, 2024, Defendant shall submit to the Court in camera a declaration or declarations that detail, with particularity, the records it is withholding and the particular harm that would arise from public disclosure of them," Nichols added.
Gardiner told Newsweek that he hopes to "ultimately see the release of the records to the public," stressing that that there is "a fundamental U.S. public interest in the release of Prince Harry's immigration records," given his admission of past drug use and the potential for officials having extended him special privileges.
"I think this this case is one of the the most significant immigration related cases in recent U.S. history," he said.
The revelations by Harry made about drugs in his memoir Spare were one of the many aspects of the book that sparked controversy following its publication in January 2023.
In the book, the prince referenced a continued use of marijuana—which has not been legalized in Britain—as well as past experiences with cocaine, magic mushrooms and other psychedelics.
In an interview given at the time of his memoir's publication, Harry said that his experimentation with drugs was "important to acknowledge" as a part of his life story.
James Crawford-Smith is Newsweek's royal reporter, based in London. You can find him on X (formerly Twitter) at @jrcrawfordsmith and read his stories on Newsweek's The Royals Facebook page.
Do you have a question about King Charles III, William and Kate, Meghan and Harry, or their family that you would like our experienced royal correspondents to answer? Email royals@newsweek.com. We'd love to hear from you.
Update 3/8/24, 9:59 a.m.: This article has been updated with comment from Gardiner.
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
James Crawford-Smith is a Newsweek Royal Reporter, based in London, U.K. His focus is reporting on the British royal family ... Read more
