Prince Harry’s US visa application documents have been handed over to a federal judge who will decide whether or not they should be made public.
Judge Carl Nichols in March ordered the Department of Homeland Security (DHS) to provide more information about why his immigration data should be kept secret.
In a new court file, seen by news weekDHS now said it complied with the order by ‘filing statements with exhibits ex parte in camera [in private] review’ via an encrypted link.
The filing is the latest twist in the legal battle over the Duke of Sussex and his immigration status, as the conservative Heritage Foundation seeks the release of the documents to discover whether Harry lied about his drug use on his application.
The Duke of Sussex entered the United States in March 2020 and lives with his American wife Meghan and their two children in Montecito, California.
However, in his memoir ‘Spare’, Harry admitted to using cocaine, cannabis and psychedelic mushrooms.
Prince Harry, Duke of Sussex, arrived in the United States in March 2020 and lives with his American wife Meghan and their two children in Montecito, California.
Nile Gardiner, who is leading the Heritage Foundation’s freedom of information request, said it was about ensuring no one received special treatment.
Harry admitted on Spare that he had used cocaine several times since he was 17 to “get the feel.” To be different.’
U.S. immigration authorities routinely ask about drug use on visa applications. British celebrities such as singer Amy Winehouse and model Kate Moss have run into difficulties.
But acknowledging past drug use doesn’t necessarily result in automatic rejection.
Last month, John Bardo of the US Department of Homeland Security told the court that Harry’s book ‘Spare’ was not ‘sworn testimony or proof’ that he used drugs.
In that context, the Heritage Foundation submitted a Freedom of Information request last year to get to the bottom of what happened.
Nile Gardiner, who is leading the Heritage Foundation’s application, said it was about ensuring no one received special treatment.
“Once again, Harry has publicly admitted to extensive illegal drug use,” she said. he wrote recently.
‘What does this mean? That Harry appears to have received special treatment: DHS looked the other way if the Prince answered truthfully, or looked the other way if the Prince lied on his visa application.
“Either action would be wrong.”
DHS said from the beginning that it could not disclose the Duke’s visa application, writing in a court filing: “Courts consistently hold that a person’s visa or immigration status is private, personal information exempt from disclosure.”
“Specifically,” he added, “the records would reveal the types of documents Prince Harry used to travel to the United States, his admission status, and any immigration or non-immigration benefits he may have sought.”
After a hearing in February, Judge Nichols told DHS that its arguments were “insufficiently detailed” for him to rule.
In March, DHS lawyers asked for more time to comply with a judge’s order to provide more information about why he did not want to release the records.
Judge Carl Nichols in March ordered the Department of Homeland Security (DHS) to provide more information about why your immigration data should be kept secret.
Britain’s Prince Harry attends the “women in media” spotlight session at the Austin Convention Center during the 2024 SXSW Conference and Festival on March 8, 2024, in Austin, Texas.
“Having reviewed the parties’ written submissions and heard oral arguments on the motions, the court concludes that a closed review is necessary to determine whether the disputed records are within the scope of the claimed exemptions,” he wrote in an order .
And he gave himThe Biden administration has until March 21 to present ‘statements detailing, with particularity, the records you are retaining and the particular harm that would arise from their public disclosure.’
After the judge issued the order, DHS had requested an additional two weeks because “the search and review of the records” took “longer than anticipated,” according to a court filing.
DHS attorneys also said at the time that other government agencies may need to review the documents before they can be turned over to the judge.
“Therefore, having established good cause, the defendant respectfully requests an additional fourteen days, up to and including April 4, 2024, to comply with the court’s order,” they wrote.
At the February hearing, government lawyers argued that Harry’s memoirs proved nothing.
John Bardo of the Department of Homeland Security told the court: “Just because something is said in a book doesn’t make it true.”
Sometimes people put things in books just to sell more copies, he argued.
Lawyers for Heritage also presented a transcript of the February 16, 2024 GMA interview “in which the Duke of Sussex discusses the possibility of seeking US citizenship.”
They said it added to their case seeking the release of their immigration records.
In a court filing, Heritage said: “Continuing extensive media coverage has raised the question of whether DHS properly admitted the Duke of Sussex in light of the fact that he has publicly admitted the essential elements of a series of crimes related to drugs.”