Prince Harry’s US visa application has been handed over to a judge with Joe Biden’s lawyers confirming they had complied with a court order to do so.
The news comes amid huge scrutiny surrounding the Duke of Sussxes immigration status after a lawsuit brought by The Heritage Foundation.
The conservative think tank filed a Freedom of Information Act request for Prince Harry’s immigration papers to determine if he lied about his admitted drug use on his application – something that could affect his status.
A court filing, seen by Newsweek, read: “Defendant the U.S. Department of Homeland Security respectfully informs the court that it has complied with the court’s March 7, 2024, order by submitting declarations with attachments for ex parte in camera [in private] review.”
The DHS has said from the beginning that it cannot release Harry’s visa documents because this would be a breach of his privacy.
A previous court filing said: “Courts consistently hold that a person’s visa or immigration status is private, personal information exempt from disclosure.”
“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.”
But the Heritage Foundation believes there is a public interest in the public knowing if Harry lied on his application.
A previous court filing from the think tank said: “[The case] comes about in the main because HRH [His Royal Highness] voluntarily—and for immense profit—admitted in writing to the elements of any number of controlled substance violations. (Indeed, some say HRH has approached the point of bragging and encouraging illegal drug use.)
“The Duke of Sussex did so despite the fact that it is widely known that such admissions can have adverse immigration consequences for non-citizens and despite employing preeminent legal advisors on both sides of the Atlantic.”
Judge Carl Nichols, who is overseeing the legal battle, ruled in March that he should look privately at Harry’s documents to assess whether they should be made public.
His order said: “Having reviewed the parties’ written submissions and heard oral argument on the motions, 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.”
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