Prince Harry faces a new legal challenge in the U.S. as a federal judge has set a firm deadline for the government to determine which portions of his visa records can be made public. The order, issued by Judge Carl J. Nichols, directs the U.S. Department of Homeland Security to respond by February 20, after which the court will decide what information can be disclosed.
The case stems from a lawsuit brought by the Heritage Foundation, a conservative think tank, seeking access to Prince Harry's immigration records to determine whether he received special treatment or misrepresented past drug use on his visa application. The foundation argues that the Duke of Sussex either omitted details about his admitted drug use or was granted preferential status by the Biden administration.
Prince Harry, who has lived in the U.S. since 2020 with his wife Meghan Markle, previously acknowledged drug use in his memoir Spare and Netflix docuseries, detailing past experiences with cannabis, cocaine, and psychedelic substances. U.S. visa applications typically require applicants to disclose past drug use, which can affect eligibility at the discretion of immigration officers.
Judge Nichols initially ruled last year that the records would remain confidential, but earlier this month, he reversed his position, agreeing to release the "maximum amount possible" about the Duke's immigration process. His latest order represents a significant step toward potential public disclosure of details surrounding Prince Harry's visa application.
The legal battle coincides with remarks from former U.S. President Donald Trump, who stated that he would not seek to deport Prince Harry but sharply criticized Meghan Markle. "I'll leave him alone," Trump said in an interview with the New York Post. "He's got enough problems with his wife. She's terrible."
The potential revelation of Prince Harry's visa records could be politically charged, given ongoing scrutiny over the Biden administration's handling of immigration policies. A decision to release details of his application could reignite debate over whether the Duke was treated differently from other applicants with similar admissions of drug use.
It remains unclear whether Prince Harry disclosed his prior drug use on his visa application. U.S. immigration law allows for case-by-case discretion, and individuals with past drug use can be denied entry or required to apply for waivers. If discrepancies are found between his public admissions and his visa filing, it could have implications for his residency status.
Prince Harry has not commented publicly on the case. The Duke, 40, has been residing in Montecito, California, with Meghan Markle, 43, who, as a U.S. citizen, does not require a visa.
The latest court development comes as Prince Harry is in Canada for the Invictus Games 2025. Meghan Markle, who accompanied him at the beginning of the event, returned to California earlier this week to be with their children, Archie, 5, and Lilibet, 3.