A US lawyer is demanding the release of Prince Harry’s visa application over concerns he was given “preferential treatment” into the US following the Duke’s recent admissions about his past drug use. The Duke of Sussex revealed in his tell-all memoir, Spare, and in recent TV interviews that he had taken cocaine, cannabis and magic mushrooms in the past. The lawyer, taking on Washington officials on behalf of conservative think tank The Heritage Foundation, believes the public has a right to know whether Harry declared his past drug use on his visa application.
“The Heritage Foundation is seriously concerned about migration policy, and the laws on the books being properly enforced. That’s what led to this,” lawyer Samuel Dewey told Express.co.uk.
Dewey continued: “We had a concern that Prince Harry had preferential treatment because there are certain grounds for inadmissibility into the country regardless of your visa applications; you can’t come into the country without meeting certain criteria and one of them relates to drug use.”
US immigration law regards any failure to declare drug use to immigration officials a serious violation that can result in deportation and being permanently barred from applying for citizenship.
The lawyer said the Heritage Foundation is agnostic over whether Harry should or shouldn’t get a waiver based on the facts, but it’s a matter of principle that the truth comes out.
READ MORE: Harry warned drug use could threaten US visa in massive blow: ‘No exception for royalty’
It’s known exactly what questions Harry was asked when applying for his US visa, because it is not yet clear which visa he received.
However, the question on the ESTA application which most UK applicants would use is: “Have you ever violated any law related to possessing, using or distributing illegal drugs?”
“We just want to know what happened because if improper treatment has been given that’s a huge concern as it relates to the enforcement of the law,” Dewey said.
If it turns out that Harry was given preferential treatment, this has ramifications that go beyond Harry’s visa status, the lawyer suggests.
“When you’re talking about immigration it’s often a zero sum game. If resources were spent processing and giving a special favour to Prince Harry because of his status, they may have been taking away from an applicant who didn’t have any potential grounds for inadmissibility and has a very good case to come here,” Dewey said.
Besides legality, Americans have a right to know the truth, claims Dewey, because it relates to what he calls the “American stance of fairness”.
The lawyer explained: “We don’t have royalty here but there’s a sense of unfairness in taking your hereditary title and using it very directly to profit without engaging in public service.”
How strong is the case?
Dewey says he has had “very productive conversations” with United States Citizenship and Immigration Services (USCIS).
“Unfortunately we’ve been told by US Customs and Border Protection they won’t produce records without a waiver from Prince Harry because it’s private,” the lawyer continued.
However, Dewey believes Harry has forfeited his right to privacy by going “enormously” out of his way to “put his stuff in the public spotlight”.
Secondly, the public interest argument is strong, the lawyer believes.
“Obviously there’s a clear public interest here. Was Harry given preferential treatment because of his status? That’s a really important question,” Dewey said, adding: “I can’t say but the public has a right to know”.
The lawyer says he is “fully expecting” to have to go to federal court to get these documents “but we are prepared to do that”.
READ MORE: Prince Harry brutally mocked again as author releases parody version of book: ‘Spare Us!’
Who is Sam Dewey?
Dewey specialises in white-collar investigations, compliance, and litigation; regulatory compliance and litigation; and complex public policy matters.
The legal professional has served as the Senior Counsel in charge of Oversight & Investigations with the US House of Representatives Financial Services Committee, as Chief Investigator & Counsel with the US Senate Special Committee on Aging, and as the Senior Advisor with the United States Agency for Global Media.
He has also worked for a number of private legal firms over the years, including Gibson, Dunn & Crutcher and McDermott, Will & Emery.
Dewey graduated summa cum laude from Brandeis University, getting his BA in Political Science in 2006. He proceeded to Georgetown University Law Center in Washington, DC, and earned his Juris Doctorate from Harvard Law School in Cambridge, Massachusetts, in 2009. He was a Senior Editor of Harvard Journal of Law and Public Policy and an Executive Board Member at Harvard Federalist Society.
In response to Express.co.uk’s request for comment, the State Department said: “Visa records are confidential under Section 222(f) of the Immigration and Nationality Act (INA); therefore, we cannot discuss the details of individual visa cases.”
Express.co.uk has approached Harry’s representatives for comment.
