A few weeks ago, we learned that an American judge had quietly “terminated” Heritage Foundation’s 18-month-long fishing expedition into Prince Harry’s visa records. After Spare was published, Heritage decided that Harry’s story about trying cocaine when he was a teenager was some kind of dealbreaker for Immigration. It was not and is not. What Heritage actually did was launch a high level campaign to harass Harry and barrage DHS with their asinine FOIA requests and British MAGA agenda. Well, now the judge’s ruling has been made public – with some redactions – and obviously, it’s all good news for Harry.
The Duke of Sussex’s US visa application should remain private despite him admitting taking drugs in his memoir, a judge has ruled. Harry’s reference to taking cocaine, marijuana and psychedelic mushrooms in his book Spare prompted a conservative Washington, DC think tank to question why he was allowed into the US in 2020.
In his ruling seen in court documents on Monday, US judge Carl Nichols said “the public does not have a strong interest in disclosure of the duke’s immigration records”.
His judgment added: “Like any foreign national, the duke has a legitimate privacy interest in his immigration status. And the duke’s public statements about his travel and drug use did not disclose, and therefore did not eliminate his interest in keeping private, specific information regarding his immigration status, applications, or other materials.”
The Heritage Foundation brought the lawsuit against the Department for Homeland Security (DHS) after a Freedom of Information Act request was rejected, with the think tank claiming it was of “immense public interest”. Judge Nichols went on to say the public’s interest in disclosure of Harry’s immigration records is “outweighed by the duke’s privacy interest”.
He said: “Public disclosure of records about a single admission of a foreign national in the circumstances described above would provide the public, at best, limited information about the department’s general policy in admitting aliens. And the marginal public benefit of knowing that limited information is outweighed by the privacy interest the duke retains in his immigration status and records.”
Some of the judgment has been redacted – in particular facts the duke has not disclosed publicly in relation to his immigration status and records, and what was contained in his visa application.
The judge agreed with DHS’s lawyers completely. DHS argued that Harry’s immigration information is private personal information and there were zero records that Harry had ever been convicted of a drug-related offense. Which is spelled out in all of the Immigration laws/regulations too – simple admissions of drug use in one’s teenage years are not prohibitive, but drug-related convictions are. Heritage’s argument was always flawed – they treated Harry’s drug-use admissions as drug convictions, then they tried to fudge their fishing expedition by saying that Harry “lied” in his visa documents and that’s why the docs needed to be released. All of it was a waste of time, money and effort by vindictive right-wing British a–holes who work at Heritage. Their goal was multifold: they wanted to publicly harass Harry; they were doing Buckingham Palace’s bidding; they were creating content for British newspapers; and they were trying to make the Biden administration sound weak on immigration (even though Harry came to America when Trump was president).
Photos courtesy of Backgrid.
The Heritage Foundation should be grateful for the ruling, because if it had gone the other way there would have been a flood of FOIAs, including one for Melanoma Trump’s, and they would have had a hard time justifying saying no.
Isn’t it 100 years before you can see anything royal in the British Courts 🙄🙄🙄
Their wills are sealed until 90 years after their deaths. I’m a little jealous of all the gossip I am not going to be around to see, especially in Philip’s will. I bet it’s a doozy.
good for Harry. Hopefully this ends this particular witch hunt, but I won’t hold my breath.
The thing is – I’m sure Harry has a team of lawyers. I’m sure he had/has top notch immigration lawyers helping him with the process, and I’m sure he had top notch lawyers review his memoir, and then I’m sure the publisher had its legal department go over it extensively. There was never any there, there.
he wasn’t born yesterday.
That is the expected result, shame it took that long. What I am wondering, the judge wanted to see his application himself. What happened with that? Do the redacted parts include the info from the application, so they had to redact those parts? I am happy, the judge didn’t create a dangerous precedent for other immigrants in USA. I am sure whenever the GOP comes to power, they would use that kind of decision to go fishing for people they don’t like.
The judge was probably just being thorough to cover himself in case of appeal.
It sounds like the judge did indeed see the application. Heritage will no doubt appeal and Harry’s visa application is now part of the record. Not the best possible outcome which was dismissal of the whole fishing expedition.
The judge pretty much had to see the visa application. Heritage was alleging that Harry lied on his visa application based on what he said in Spare about his drug use. Heritage will appeal but it doesn’t mean that will make his visa application public.
It was always a frivolous fishing expedition. I still think the judge could have dismissed it. And what standing did Heritage have in the first place? Even the possibility of Trump back in the WH makes me very nervous for Harry, an immigrant.
it says in the article that Heritage brought the lawsuit due to “immense public interest” and the judge shot that down.
I’m not sure if there was a specific standing argument (although FOIA would provide standing I guess) but I’ve only followed the case through excerpts on here. Immigration law is complication and administrative law is complicated so I think this really was the best outcome possible.
They had no case. Just a sort of right wing hysteria.
Because the Heritage Foundation is the authors of Project2025 for me is enough reasons alone to keep the Duke’s immigration records off limits. Protecting his records protects future and many current immigrants from this sort of harassment .
Harry travels a lot. I wonder if they are going to try this with any other country that requires visas?
I wouldn’t put it past them if they could finagle it or put weight behind it for commonwealth countries but they were going through the heritage foundation for this witch-hunt to make it look like Americans were the one’s who were so upset about this possibility and not the BM and BRF. That would expose their hand a bit too much I think. Also I can’t really remember any questions on the Visas that I’ve had to fill out for work trips internationally asking about drug use, they’ve asked about convictions but I’ve never worked in the country for more than 10 days so there could be multiple types of visas that you have to get.
I don’t think he’s travelled to a country since he left that needed a visa for a British citizen. And once he becomes an American one, it will be even easier.
Hope the Heritage Foundation gets a hefty court cost bill from the DHS attorneys and Judge. This so called non profit has literally broken so many laws and rules they need to be held accountable.. I keep praying that the democrats sweep the election and hate groups like the Heritage Foundation with the Project 2025 GOP handbook face the consequences of their actions.
Good for Harry. I wish HF would get a sanction (fine) for filing a frivolous lawsuit. The redaction part may should Harry’s true intent for his status in the US? He may be in the States under a spousal visa (Meghan is an American) and not this A1 Head of State nonsense. What galls me is the BM brings in an immigration attorney and not address that possibility. That attorney looks like he/she was paid to make that talking point and make the BM look like bigger hacks than they are.
I was pleased the judge flatly shot down Heritage’s argument that it would help the public understand understand how DHS conducts itself. It was always a stupid argument – like singling out a pixel on a video monitor to attempt to explain how the monitor works. Here’s the decision in full; short read, lots of redactions https://storage.courtlistener.com/recap/gov.uscourts.dcd.254744/gov.uscourts.dcd.254744.48.0.pdf
They only included that because they had to. Otherwise it would be hard to explain why they needed to see this particular Visa so badly, and they never have wanted to for any of the other numerous celebrities, whether actors or musicians that have admitted drug use in interviews, memoirs, social media that either reside in the US permanently or semi-permanently. But yes it was a silly argument which is why it was shot down.
Thanks for sharing the link, Kirk.
I saw it being shared on Twitter but when I wanted to expand the tweet to access it, the site acted up, and I lost it.
kirk, thank you for sharing the link. The Judge did a nice job of cutting Heritage off at every avenue. HF may appeal, but good luck with that.
Immigration applications are always private. The Heritage Foundation never had a case. I’m glad it’s over but I’m sure the British press will find some other way to harrass Harry.
What a waste of time and money. Although I guess it made money for the tabs with clicks🙄
As a US citizen and taxpayer, I am a client of the Department of Homeland Security and I fully expect them to recoup their legal expenses from the Heritage Foundation, whom I hope is enjoying the egg (huevo?) on their faces.
In their stupid quest to single Harry out for exposure under the false pretense of making sure he didn’t get special treatment, they ignored cases similar to his. I hate to keep going back to Keith Richards, but he also married an American, he also wrote a memoir in which he admitted drug use (much more than Harry) and has actual drug arrests in the US during the years before he moved here. But crickets from the HF. They had one target and one target only. I love this for them.
In the decision they get Harry’s name wrong. They added a George.
Correction, if needed, can be made when Heritage appeals. Kinda makes you wonder if it’s possible the BRF courtier(s) who filed application for him made the mistake initially.
With the way the GOP appeals crap in the US these days, glad the judge made sure to do such a thorough job, I doubt even if it is appealed, it’s going to be taken up. You have to find the judge in this case made some error in their ruling.
I wonder if the BRF was also behind this and were hopeful that this was a way to get Harry back?
I think Prince Harry has or had a “Diplomatic Visa” or a “Head of State Visa” which is also given to royals from any country. Both types of visas require less background checks (so maybe the “drug question” isn’t even on these application forms, who knows).
My explanation for why I think Harry has or was given one of those visas, in the first place:
1). At the time, Harry (and Meghan too) was still considered a full member of the Royal Family, meaning that when he was abroad/in a foreign country, he was considered the grandson of the reigning monarch (Queen). So at the time of entering the US, he could have been considered a British diplomat to the UK, or a member of the Royal House of Windsor (a type A visa would apply).
The other option could have been a “B VISA” (as in “a business associate of his American wife”, who still had a company registered in the US).
2.) In January 2020, after the Sandringham summit, H&M announced that they were stepping down as senior working royals. The Queen announced shortly after that they would be given a 1-year trial period from April 1, 2020 and that “Harry and Meghan remain much loved members of the Royal Family” (i.e. still retaining their royal status).
In the first two weeks of March 2020, H&M arrived in the UK from Canada where they were on a long break, to do their last royal engagements/visits to their patrons/charities. Shortly after they were back on Vancouver Island, battered and bruised by the Sandringham negotiations, the British press revealed their location and began stalking them, ánd the Canadian government and opposition leaders about the cost of their security, and demanded to know who was paying for it. Then the pandemic hit and the Canadian government announced that it would close its borders for non-essential travel between CA and the US, starting 21 March. Around the same time, they were warned by their security guard that their royal protection would be withdrawn in three weeks. They began contacting friends in the US for help with housing and security. Tyler Perry answered the plee, picked them up with his private jet and offered them his spare home. They left Canada for the US two weeks BEFORE April 1, 2020, the start of the trial period.
To conclude:
Prince Harry was not concerned about The HF’s nonsense regarding his visa application. His visa status may have changed after the 1 year trial period (he is now a businessman/philanthropist (per the Archewell branches), an employee (per BetterUp), the husband of an American-born woman and the father of two American kids).
But actually, the whole thing was about his visa application when he entered the US in 2020.