Prince Harry faces more legal trouble, after a US judge gave the federal government just seven days to decide how to handle a request for the former senior British royal’s visa records.
The decision came after a right-wing American think tank argued in a Washington court that it was entitled to a quicker response to a records request the US government has so far deemed private.
It follows Harry’s explosive revelations of drug use in his best-selling memoir Spare.
Following the book’s release, the Heritage Foundation asked the US government via the Freedom of Information Act to see the prince’s visa application, citing his admissions in the book. The group is questioning whether immigration officials properly granted Prince Harry’s application, since admission of past drug use can be grounds to reject a US visa application.
Tuesday’s hearing played out, coincidently, as the Duke of Sussex made royal history in London, giving evidence in court in a lawsuit against British newspapers.
In Washington, US District Judge Carl Nichols told the Heritage Foundation and the Department of Homeland Security to work on the speed of the response. He said he would rule if they could not reach an agreement on their own.
Prince Harry moved to southern California with his wife Meghan Markle and their young son in 2020 after they left royal life and embarked on new projects, including the release of Spare in January.
The book’s myriad revelations included an exploration of Harry’s grief after the death of his mother, Princess Diana, disputes with his brother William and his past drug use.
Harry said he took cocaine several times starting about age 17 “to feel”.
He also acknowledged using cannabis and psychedelic mushrooms.
The US routinely asks about drug use on its visa applications. The issue has previously been linked to travel headaches for celebrities such as chef Nigella Lawson, singer Amy Winehouse and model Kate Moss.
But acknowledgement of past drug use doesn’t necessarily bar people from entering or staying in the country.
With that history in mind, the conservative Heritage Foundation sent a public information request to the Department of Homeland Security for Prince Harry’s immigration records.
It argues there is “intense public interest” in whether Harry got special treatment during the application process.
The group also linked those questions to wider immigration issues in the US, including at the southern border with Mexico.
The request has largely been denied since the group doesn’t have Prince Harry’s permission to get the private information.
“A person’s visa status is confidential,” said John Bardo, a lawyer for the Department of Homeland Security.
The agency’s policy does allow the release of information about issues of public interest. But the agency argued media coverage of how the duke’s drug use connected to his visa status in the US hadn’t been widespread in mainstream American publications.
The questions that have been raised weren’t the kind of weighty queries about possible government misdeeds that warranted the fast processing the Heritage Foundation had sought, federal lawyers argued.
A representative for Harry did not immediately respond to an email message seeking comment.
While two of the three agencies involved have denied the request, Department of Homeland Security headquarters hasn’t formally responded and is fighting the foundation’s push to act quickly.
Judge Nichols expressed frustration at being asked to decide the narrow question of whether to order a fast response but said he would rule if the two sides couldn’t come to an agreement on their own within a week.
– AAP