The Heritage Foundation has launched a renewed legal effort to examine Prince Harry's U.S. immigration records, challenging a previous court ruling that protected the Duke of Sussex's privacy amid questions about his past drug use admissions.
In court documents obtained by Newsweek, the conservative think tank has filed an application to "vacate" the September ruling and unseal private correspondence between the Department of Homeland Security (DHS) and Judge Carl J. Nichols, marking the latest development in an ongoing controversy surrounding the prince's U.S. residency status.
The legal challenge stems from Prince Harry's candid admissions in his memoir "Spare," recently rereleased in paperback, where he detailed his use of various substances including cannabis, cocaine, magic mushrooms, and ayahuasca. The Heritage Foundation argues these disclosures should have potentially disqualified him from entering the United States.
"This Court should vacate its opinion and order, enter all ex parte correspondence on the docket, unseal ex parte correspondence consistent with the Opinion," the foundation's court filing states. The organization contends that the current level of secrecy around the Biden administration's submissions to the judge has unnecessarily hindered their ability to pursue the case effectively.
The think tank's legal team argues that measures taken to preserve Prince Harry's privacy have "severely compromises [Heritage's] ability to prepare arguments on appeal." They further assert there is "ample evidence of agency bad faith" in the handling of the case.
Judge Nichols's original ruling, partially redacted to protect Prince Harry's privacy, had sided with the government's position that "the Duke's privacy interest outweighs any public interest" in releasing the visa records. The Heritage Foundation maintains that this approach has created significant obstacles in their pursuit of transparency regarding whether the prince received preferential treatment due to his royal status.
The timing of this legal challenge coincides with the paperback release of "Spare" in the United States on October 22, with a UK release scheduled for October 24. Penguin Random House has confirmed that "the content of the book remains unchanged," including the controversial drug use admissions that sparked the initial legal inquiry.
The case has emerged as a significant public relations challenge for Prince Harry, carrying the implicit threat of potential visa revocation and drawing attention from high-profile political figures, including former President Donald Trump. The matter has raised broader questions about the intersection of celebrity status, immigration policy, and public transparency.
The Heritage Foundation's lawyers acknowledge the unique nature of their case, stating, "[Heritage lawyers] of course are not blind to the fact that they have brought a unique case that is fraught with these complexities." However, they maintain that the current judicial approach "does not comport with our adversarial system."
This latest legal maneuver underscores the ongoing tension between public interest in high-profile immigration cases and individual privacy rights, particularly when involving international figures of Prince Harry's stature. As the case continues to unfold, it may set important precedents for how similar cases involving public figures are handled in the future.