A federal court has heard that the global media frenzy surrounding Prince Harry should force the Biden government to release his US immigration records.
Lawyers at the conservative think tank Heritage Foundation are trying to determine whether Harry lied about his past drug use when applying for a visa when he entered the United States in 2020.
At a 75-minute hearing in Washington DC earlier Tuesday, arguments erupted with US government attorneys.
Heritage had sued the Department of Homeland Security to expedite its request to make the Duke of Sussex’s visa application publicly available.
Prince Harry arrives at the High Court in London on Tuesday as part of a separate court hearing
Samuel Dewey, the US attorney trying to get the Biden government to release Prince Harry’s visa files
Heritage representative Samuel Dewey said the matter received “wide and exceptional media attention” which raised “questions about the integrity of the government”.
John Bardo, the lawyer defending the US government, claimed the reporting came from “obscure publications” in the UK and should be ignored.
Many of the news articles cited were in fact from British media outlets, including , which has millions of readers in the United States, Dewey argued.
“We don’t think that’s considered obscure or niche,” he told Judge Carl Nichols, a judge appointed by Donald Trump.
The Heritage Foundation wants to know how the 38-year-old British king has answered questions about his past drug use.
This comes after Prince Harry admitted to using a number of illegal substances in his recent memoir, Spare.
Under US law, admission of drug use may be grounds for denial of a visa application.
“We’re not on a voyeuristic fishing expedition here. The focus is on the question, “Has DHS complied with the law?” Heritage Attorney Dewey said after the court hearing.
He had sought an injunction to force DHS to respond to his Freedom of Information Act (FOIA) request regarding the Duke’s immigration papers.
Judge Nichols spoke of his “frustration” that some DHS officials have yet to respond and called Tuesday’s hearing “completely unnecessary.”
“I’m a little frustrated that I’m being asked to solve a problem that doesn’t even come close to being true,” he fumed.
The judge gave DHS one week to indicate whether it would be willing in principle to respond to the think tank’s request for information or to expedite it.
Nile Gardiner, director of the Margaret Thatcher Center for Freedom, said the case was not part of a personal vendetta against the Duke of Sussex.
“Ultimately, this is about accountability, transparency and openness on the part of the US government regarding an immigration application from a high-level person,” he said.
“(Prince Harry) is actively involved in a range of causes, has given several high-profile interviews, has participated in a Netflix documentary that has been seen by tens of millions of Americans – so he’s a huge figure.”
“Ultimately, this is about US immigration law to ensure it is applied fairly and equally for everyone.”
Nile Gardiner, a former adviser to former British Prime Minister Margaret Thatcher, said Heritage wanted to ensure US immigration laws were applied fairly.
The DC hearing came after Prince Harry testified before English judges in his case against the editor of the British tabloid Daily Mirror.
He is suing Mirror Group Newspapers for damages, alleging that journalists have been linked to unlawful methods of gathering information.
The Duke and Duchess of Sussex have positioned themselves as US public figures since their retirement from the British royal family in 2020.
The Duke and Duchess of Sussex were last seen together in the UK at the funeral of the late Queen Elizabeth II last September, months before Spare was released.
The Heritage Foundation argues that the information on Harry’s visa application could pose problems for his future life in the United States.
Admission of drug use does not automatically result in a lifetime travel ban from the United States.
Any denial of entry can be lifted after an in-person interview at a US consulate or official immigration agency, where an exemption can be granted.
There is a history of authorities issuing immigration documents on public figures.
The US Citizenship and Immigration Services website has an electronic reading room that contains the files of some celebrities.
The records of the late musicians George Michael and John Lennon are online, as are those of US Vice President Kamala Harris’ mother.
Since arriving in the country in 2020, Harry has forged friendships with prominent figures in the Democratic Party such as former President Barack Obama.
He’s also close to big Democratic financiers like Oprah Winfrey and Tyler Perry, prompting fears he could become the “ignorant pawn in a highly political game.”
has reached out to the Department of Homeland Security and a spokesman for the Duke of Sussex for comment.